RIYAZ Khoja was driving in Flemington through heavy traffic. It was a Tuesday afternoon, and police observed he was driving erratically and pulled him over. They found his licence had been suspended, and told him he could no longer drive.

According to a police account, Khoja said he was unaware of the suspension but would check with VicRoads. His response, they said, was one of indifference, as he was returning to his native India soon.

Instead, the night would end with his friend Nihil Patel, 22, dead and Khoja, 24, in hospital under the watchful eye of police and facing charges.

A little over a week ago, police say six young friends piled into a car together, a car that almost split in two when it smashed into a pole in Lygon Street. Only five of them would survive the night.

One man remains in hospital in intensive care. Two other men and a young woman emerged from the experience with minor injuries. Five of the six, including Mr Patel, are believed to be Indian students, all aged between 20 and 24. They have told police and the Indian consulate not to reveal their identities. The story that has emerged thus far has come from the police.