Tag Archives: court

Driver to enter pleas on fatal bike crash

British tourist Graham Stephen Belcher, 52 will be asked to enter pleas on multiple charges involving a fatal crash with two motorcycles on 2 September 2019 when he appears in court on 19 February 2020.

Tweed Heads Local Court today set the date for charge certification and again denied bail to Belcher who was arrested at Brisbane International Airport at 2am the next morning as he was about to board a flight to Hong Kong.

NSW Police allege the unlicensed driver was in a rental car that did not give way to two motorcycles at the intersection of Riverside Drive and Tweed Valley Way in Tumbulgum near Tweed Heads, about 3.20pm on 2 September.

A driver, 52, wanted in connection with a double motorcycle crash that killed one rider and left another injured has been arrested about to board a flight to Hong Kong.
Crash scene

Scott Rose, 39, died at the scene and his riding partner, Barry Nolan, was taken to Tweed Heads Hospital with minor injuries. He later released from hospital.

Belcher failed to stop and his Hyundai rental car was later found abandoned at Terranora.

Multiple pleas

He was extradited to NSW on an outstanding warrant and was also charged with:

  • dangerous driving occasioning death – drive manner dangerous;
  • fail to stop and assist after vehicle impact causing death;
  • negligent driving (occasioning death);
  • cause bodily harm by misconduct in charge of motor vehicle;
  • drive while licence cancelled;
  • not give way to vehicle (give way sign/line); and
  • driver fails/refuses to disclose his identity.

He will enter pleas on all these charges when he next appears in Tweed Heads local Court in February.

Bail has again been refused and he remains in custody.

Fundraiser

Scott Rose, wife Tenniel and his children Lacey and Nash fundraiser pleas
Scott Rose, wife Tenniel and his children Lacey and Nash fundraiser

A fundraiser page was started to raise money for Scott’s family.

You can support the fundraiser by clicking here. So far, more than $17,000 of a $10,000 goal has been raised.

The fundraiser page was started by brother-in-law, Codie Holliday, to raise money to support Scott’s wife Tenniel and his children Lacey, 9, and Nash, 6.

“As the sole income provider for his family, Scott’s tragic death is impacting his family in so many awful ways, including financially,” Codie says on the fundraiser page. 

Scott was a maintenance technician at Movie World and Sea World.

Codie says Scott “loved riding bikes, fixing them, his kids both have bikes and I’m fairly sure the garage has a number of ongoing bike ‘projects’ always”.

Red light hit-run

In another hit-run case today, Blacktown Local Court listed Daniel Marjoribanks for mention in Parramatta Local Court on 29 January 2020.

Police will allege Marjoribanks was the driver of a Nissan ute that ran a red light and hit a motorcyclist on Windsor Road, Rouse Hill, on12 September 2019.

Driver allegedly runs red light, hits rider and flees
(Image: Google Maps)

He was charged with:

  • Dangerous driving occasioning grievous bodily harm;
  • Negligent driving occasioning grievous bodily harm;
  • Fail to stop and assist after vehicle impact causing grievous bodily harm;
  • Fail to stop and assist after impact cause injury;
  • Drive when visiting privileges withdrawn – first offence; and
  • Not give particulars to injured person.

Conditional bail was continued.

Source: MotorbikeWriter.com

Rider charged after police pursuit

A 24-year-old male rider has been charged with multiple offences after leading a NSW police pursuit then crashing into a garden in the Lake Macquarie area on Wednesday (11 December 2019).

About 12.20pm, police saw a black Harley-Davidson heading south on Merrigum Street, Windale, south of Newcastle.

The rider, Andrew Bell, allegedly attempted to avoid a police breath test unit by using a median strip before “speeding away in a northerly direction”, police say.

Police pursuit

A police pursuit followed Bell down Balemo Crescent and Cooreen Way, before the motorcycle “crashed at speed” into a concrete garden bed on Cooreen Way.

“The man then fled the scene, followed on foot by police and the dog unit,” police say.

“Upon searching the motorcycle, police located a small, single shot-handgun lying on the ground.”

Bell was found soon after in a garden on Kestrel Avenue in Mount Hutton.

He was arrested and taken to Belmont Police Station before being transferred to John Hunter Hospital to be treated for minor burns, minor lacerations and a possible broken collarbone.

Upon release from hospital, the 24-year-old was charged with the following offences:

  • Drive motor vehicle during disqualification period;
  • Acquire pistol-subject to firearms prohibition order;
  • Possess unregistered firearm-pistol;
  • Not keep firearm safely-pistol;
  • Possess unregistered unauthorised pistol in public place; and
  • Refuse or fail to submit to taking of blood sample.

Bell was refused bail to appear in Belmont Local Court today.

Details of his appearance are not yet available, however the matter has most likely been adjourned to another date.

The rider is lucky to have escaped with minor injures.

Earlier this week, a Brisbane rider fled from police and later crashed and died. However, in this case, Queensland police did not pursue the rider.

To pursue or not to pursueCops Police motorcycles witnesses emergency fatal witnesses police pursuit unlicensed 280km motorcycle rider

While not making any judgements on either of these cases, motorcycle riders typically fail to stop because they are unlicensed, drunk, are close to losing their licence or the vehicle is stolen.

In these cases a police pursuit does not occur.

A leading police study has found the three most pressing issues for police reform around the world are use of force, policing of violence in families and high-speed pursuits.

A 2009 Australian Institute of Criminology study found deaths in custody at police stations are declining but “deaths in custody” as a result of high-speed pursuits were rising.

While less than 1% of police pursuits results in a fatal crash, 38% of the people killed are innocent bystanders.

It’s much worse in the USA where one person dies every day as a result of a police pursuit. Of those deaths, 1% are police, 55% suspects and 44% bystanders.

Most police procedures acknowledge the judgement of the officer at the scene to begin a pursuit.

However, continuation of the pursuit is then deferred to a senior officer at the station or headquarters.

They have to make a quick judgement based on the lethal risk to the community of the chase versus the lethal risk to the community of letting a serious offender escape.

This must be backed by information, not just mere suspicion.

Queensland police figures show only about 3% of pursuits involved imminent threat to life or a suspect escaping after a homicide.

Police have a duty to not only prevent and control crime, but more importantly, they have a duty to protect the community and that includes from their own reckless behaviour and judgement.

Click her to read about a police and media pursuit that encouraged a motorcycle rider to perform stunts for the cameras.

Source: MotorbikeWriter.com

Committal for head-on rider crash

A daughter of renowned neurosurgeon Charlie Teo will face a committal hearing over a head-on crash with former Comanchero boss William “Jock” Ross in September.

Nicola Annabel Teo, 24, faced the Windsor Local Court yesterday (12 December 2019) were the matter was adjourned until 6 February 2020 for a charge certification committal in Windsor Local Court.

Committal

Head on wrong side crash teo committal
Charlie and Natalie Teo (Facebook image)

A committal hearing is held to determine if the matter should proceed to trial. It provides the defence an opportunity to test prosecution evidence and for the Magistrate to decide if it is a strong enough case to face trial in a District or Supreme Court.

If found guilty, Teo could face a custodial sentence.

Police are expected to provide the court with CCTV footage, witness statements and physical evidence.

They will alleged Teo was driving on the wrong side of the road when she crashed her Toyota Landcruiser head-on into a Ross, 76, near Wiseman’s Ferry, NSW, on 26 September 2019.

Head on wrong side crash
Teo’s Landcruiser at the accident scene

Ross suffered extensive leg and internal injuries.

Teo is currently on conditional bail.

Ross was a former Commanchero president who instigated the infamous Milperra Massacre on Father’s Day in 1984, in which seven people were killed.

Jock Ross head on crash
Image: Channel 9

He was shot and jailed for more than five years. He later left the club and is now a Rural Fire Service captain and grandfather of 12.

Source: MotorbikeWriter.com

Rider awarded $A31.5m in crash payout

A Californian rider has been awarded a $US21.5m (about $A31.5m) payout for injuries suffered when a Kia Optima illegally left the carpool lane and jettisoned his bike across three lanes into a truck.

The fiery crash in February 2018 left rider Matthew Rada with “catastrophic” injuries that ended his career as a graphic artist.

GoPro video from another rider was used as evidence in the LA Court.

The verdict against the driver and his employer may yet be appealed.

However, it dwarfs a payout earlier this year to a North Carolina Harley rider.

He was awarded $US4m (almost $A6m) after a crash with a driver who failed to yield right-of-way.

The 29-year-old rider was travelling about 15mph (about 24km/h) when he was struck by a vehicle that accelerated away from a stop sign without seeing the motorcycle.payout

America is renowned for its excessive compensation payouts, mainly due to high medical costs.

According to a study by US Jury Verdict Research, the average motorcycle accident verdict is about $A560,000 and the median verdict award just over $US70,000.

Crash payoutRoad safety crash accident motorcycle scam payout

In Australia, payouts for motor vehicle crashes are a lot less and rarely over $1m.

Compensation can be determined by a number of factors.

They include physical and mental injuries, the rider’s age, hospital expenses, on-going medical costs, pain and suffering, motorcycle damage and loss of earnings.

Big payouts are rare in Australia and vary from state to state based on third-party insurance regulations.

Riders should ensure they have adequate insurance cover and seek professional legal aid after a crash.

Click here for tips on what to do after a minor crash.

Source: MotorbikeWriter.com

Justice moves slowly in driver/rider crashes

Justice seems to move slowly, especially when it involves drivers charged over a crash with a motorcycle or scooter rider.

In the past week, three drivers have faced NSW courts over crashes with riders stretching back almost four months, yet there are no results so far.

While some may be sceptical that the courts are dragging out these matters and will not deliver justice for the dead and injured riders, it is not uncommon that the legal system moves slowly.

Prosecutors have to develop a water-tight case to ensure that the matter is not thrown out on a technicality. This can take time.

Courts are also overloaded and it can be difficult to fit in a matter that could take days to resolve.

We can’t comment on matters that are before the courts, but we can keep you updated with how the matters are progressing to ensure that justice is not only done, but seen to be done.

Slow justice

These matters are among a raft of others we have been following. Here is the latest on these.

Case 1

Paul Andrew Brown, 55, has pleaded not guilty to charges of failing to stop after colliding with and injuring a Vespa scooter rider in Concord, Sydney, in August.

NSW Police found his ute parked in North Strathfield the next day and pursued him on foot.

He was jailed overnight and appeared in Burwood Local Court the next day where he was again refused bail.

Brown has since been back in court three times, eventually being granted conditional bail.

His matter has been set down for a hearing in Burwood Local Court on May 27.

Case 2

Daniel Marjoribanks has been in and out of court since he allegedly drove his Nissan ute through a red light in Rouse Hill, Sydney, on September 12 and hit a motorcyclist.

He was charged with:

  • Dangerous driving occasioning grievous bodily harm;
  • Negligent driving occasioning grievous bodily harm;
  • Fail to stop and assist after vehicle impact causing grievous bodily harm;
  • Fail to stop and assist after impact cause injury;
  • Drive when visiting privileges withdrawn – first offence; and
  • Not give particulars to injured person.

He has appeared twice in the past week for mentions and a bail variation as well as a change of venue for his next appearance from Blacktown Local Court to Parramatta on December 18.

Case 3

P-plate driver Matthew Giusa, 19, of Kellyville, will next appear in court on 20 January 2020.

He was charged with dangerous driving occasioning death after a crash with a 41-year-old man on a scooter in Five Dock, Sydney, on 24 September.

The driver received conditional bail.

Source: MotorbikeWriter.com

Brit remanded in jail over fatal bike crash

A Brit appeared in court via video link today on multiple charges involving a fatal crash with two motorcycles on 2 September 2019.

Tweed Heads Local Court heard that Graham Stephen Belcher, 52, was arrested at Brisbane International Airport at 2am the next morning as he was about to board a flight to thew UK via Hong Kong.

NSW Police allege the unlicensed driver in a rental car did not give way to two motorcycles at the intersection of Riverside Drive and Tweed Valley Way in Tumbulgum near Tweed Heads, about 3.20pm on 2 September.

Scott Rose, wife Tenniel and his children Lacey and Nash
Scott Rose, wife Tenniel and his children Lacey and Nash

Scott Rose, 39, died at the scene and his riding partner, Barry Nolan, was taken to Tweed Heads Hospital with minor injuries. He later released from hospital.

Brit charged

Belcher failed to stop and his Hyundai rental car was later found abandoned at Terranora.

The Brit was extradited from Queensland to NSW on an outstanding warrant and was also charged with:

  • dangerous driving occasioning death – drive manner dangerous;
  • fail to stop and assist after vehicle impact causing death;
  • negligent driving (occasioning death);
  • cause bodily harm by misconduct in charge of motor vehicle;
  • drive while licence cancelled;
  • not give way to vehicle (give way sign/line); and
  • driver fails/refuses to disclose his identity.

Bail was refused and he was remanded in custody until today.

The matter has now been listed for 18 December and he was again remanded in custody.

Family fundraiser

Scott Rose, wife Tenniel and his children Lacey and Nash fundraiser
Scott Rose, wife Tenniel and his children Lacey and Nash fundraiser

A fundraiser page was started to raise money for Scott’s family.

You can support the fundraiser by clicking here. So far, more than $17,000 of a $10,000 goal has been raised.

The fundraiser page was started by brother-in-law, Codie Holliday, to raise money to support Scott’s wife Tenniel and his children Lacey, 9, and Nash, 6.

“As the sole income provider for his family, Scott’s tragic death is impacting his family in so many awful ways, including financially,” Codie says on the fundraiser page. 

Scott was a maintenance technician at Movie World and Sea World.

Codie says Scott “loved riding bikes, fixing them, his kids both have bikes and I’m fairly sure the garage has a number of ongoing bike ‘projects’ always”.

Source: MotorbikeWriter.com

Liverpool driver on bike crash charge

Liverpool driver Shaokun Zhu, 30, appeared in court today charged with negligence after allegedly driving through a give way sign and hitting a motorcyclist in Sydney’s west on 30 October 2019.

NSW Police allege he was driving a Volkswagen Passat west along Cabramatta Road West when he went through a Give Way sign without stopping.

His VW hit a motorbike being ridden by a 28-year-old man who was thrown from the bike.

The rider suffered significant injuries including a fractured shoulder, pelvis and hip, as well as serious cuts and abrasions.

He was treated at the scene before being taken to Liverpool Hospital where he remains in a stable condition.

The scene was examined by officers from the Metropolitan Crash Investigation Unit.

Shaokun Zhu was arrested and charged with dangerous driving occasioning grievous bodily harm, negligent driving occasioning grievous bodily harm.

His licence was suspended, and he was given conditional bail.

The matter was today adjourned to 29 January 2020 again in Liverpool Local Court. Conditional bail continues.

If found guilty, he could face up to seven years in jail.

Source: MotorbikeWriter.com

White line fine hypocritical, says rider

A rider who clipped an unbroken white line at the end of a painted traffic island on the Centenary Motorway, Brisbane, has had his fine upheld in court.

Tristan Holland claims it is hypocritical for Queensland Police to fine him while not fining the driver whose car he it when it performed an illegal u-turn across double white lines.

He claims he didn’t touch the white line and challenged the matter in court.

Police relied on blurry photographic evidence from a body cam taken about 90m from the scene.

Tristan Holland police hypocrisy white line
Police infringement notice photo

Tristan says the fine was upheld in court last week.

“The magistrate stated that if it was on the basis of the video footage alone it would have been thrown out,” he says.

“When I mentioned safety during cross examining the QPS officer I was shut down as it was deemed not relevant.

“At the end of the day the officer stated that that intersection is notorious for this offence to occur so ergo the offence was deemed to have happened even though his line of sight at distance (90m) was impaired.”

White line hypocrisy

Meanwhile, Tristan says a driver who caused him to crash his motorcycle into their car after dangerously crossing a painted traffic island has not been fined by police.

“This morning I had a car do an illegal u-turn off a ‘turn left with care’ slip road right in front of me leaving me with nowhere to go,” says Tristan who was “battered and bruised”.

His 2016 Suzuki Hayabusa was damaged, but still rideable.

Tristan Holland police hypocrisy
Tristan’s Busa at the scene of the crash

He reported the crash to Police Link, but says it was deemed a “non-reportable traffic incident” because no one was taken away in an ambulance.

“That means the QPS will not investigate nor issue any infringement notice to the driver,” Tristan says.

U-turn rider slams police hypcrisy crash accident traffic offence
Red Busa dent on door

“There is no doubt the crash occurred because of the damage to the car’s door and my bike, plus the driver admitted fault to his insurance company.

“So why no infringement notice?U-turn rider slams police hypcrisy crash accident traffic offence

“I find it interesting that QPS will not investigate this, but will hound drivers/riders for allegedly crossing a solid white line based on questionable video footage from 90m away.

“So if you break the law, cause an accident, provided no one is injured, then you don’t loose any demerit points.

“But, if you break the law, hurt no one and police have video footage you are treated like a criminal.

“On the plus side, the driver has accepted liability for repairs. I will have to wait until 2020 to see if they accept liability for CTP insurance.”

Source: MotorbikeWriter.com

Woman faces sentence on negligent bike crash

Sydney woman Perpetual Dzikunu, 29, has been found guilty of negligent driving after a collision with a motorcycle in Sydney on 1 September 2019.

The 63-year-old male rider suffered a severely injured foot.

Dzikunu appeared in Waverely Local Court on Wednesday (16 October 2019) where she was granted continuing conditional bail.

She will return to court on November 12 for sentencing.

Negligent penalty

The driver could face a $2,200 fine and/or imprisonment for up to nine months if it is a first-time offence.

NSW Police say that about 3pm on September 1 a Toyota Aurion was turning right from a driveway on to King Street, Randwick, when it collided with the motorcycle heading east.

The rider was taken to St Vincent’s Hospital. 

Dzikunu stopped after the crash and spoke with police.

About 7.50pm the following day Dzikunu attended Maroubra Police Station where she was charged with negligent driving.

Driveway crashes

This is yet another incident of a crash where a vehicle is turning into or coming out of a driveway.

Earlier this month a 51-year-old man died when his motorcycle was hit by a 4WD attempting to turn into a driveway in Parkinson, south of Brisbane.

Most accidents happen close to home.

It seems motorists switch off as they get near home, or don’t switch on until they have driven away from home.

Riders should always be switched on.

They should be especially aware when riding in the suburbs or in the country past driveways.

A particularly deadly driveway scenario can occur on country roads where a vehicle slows without indicating.

The following rider assumes the driver is pulling over, so they overtake just as the driver decides to turn across their path into their driveway.

The result can be fatal.

Source: MotorbikeWriter.com

Teo appears in head-on biker crash

A daughter of renowned neurosurgeon Charlie Teo has appeared in Windsor Local Court today over a head-on crash with a motorcycle ridden by former Comanchero boss William “Jock” Ross last month.

Nicola Annabel Teo, 24, was again granted bail and the matter was adjourned until December 12.

Police are expected to provide the court with CCTV footage, witness statements and physical evidence. They are believed to be seeking a custodial sentence if Teo is found guilty.

Head on wrong side crash teo
Teo’s Landcruiser at the accident scene

Police will alleged she was driving a Landcruiser on the wrong side of the road when she crashed head-on into a Ross, 76, near Wiseman’s Ferry, NSW, on 26 September 2019.

Ross remains in Westmead Hospital in a stable condition with leg and internal injuries.

Teo faces charges of dangerous driving occasioning grievous bodily harm, negligent driving occasioning grievous bodily harm, not keeping left of a dividing line and not giving particulars to police.

The head-on crash occurred about 3.30pm on Settlers Road, Lower Macdonald.Head on wrong side crash

Teo was taken to hospital for mandatory blood and urine testing. She was then taken to Windsor Police Station where she was interviewed by officers from the Metropolitan Crash Investigation Unit and later charged

Ross was a former Commanchero president who instigated the infamous Milperra Massacre on Father’s Day in 1984, in which seven people were killed.

He was shot and jailed for more than five years. He later left the club and is now a Rural Fire Service captain and grandfather of 12.Jock Ross head on crash

Source: MotorbikeWriter.com