Tag Archives: court

3 hit-run drivers appear in NSW courts

Three drivers appeared in NSW courts this week on charges related to leaving the scenes of crashes that injured two motorcyclists, a pillion and a scooter rider.

One of the drivers remains in jail, the other two are on strict bail conditions.

The accidents happened in April, August and September and the appearances in NSW courts resulted in the matters again being deferred several weeks.

Hit-run 1

Molly Cahill hit run crash Sydney committed
Molly Chaill

In the first incident in April 2019, Molly Cahill, 22, of Sans Souci, was committed to stand trial after driving her car on the wrong side of the road and crashing into a motorcycle, injuring rider Tony Nissirios, 38, and his female pillion, Sam, 26.

She faces two charges of dangerous driving occasioning grievous bodily harm, negligent driving occasioning grievous bodily harm, failing to stop and render assistance after impact and not keeping left of a dividing line.

Her original bail conditions of a strict curfew, passport confiscation and daily reports to police were expanded when she last appeared.

She has also been ordered not to enter any international points departure, live at a specific address, not take any drugs or alcohol unless prescribed by a doctor and not occupy the driver’s seat of any vehicle.

Her hearing was this week adjourned in Sutherland Local Court to now be heard on October 31 at Sydney Downing Centre in Liverpool St.

Hit-run 2

Paul Andrew Brown, 55, remains in jail after appearing in Burwood Local Court this week over charges of failing to stop after colliding with a Vespa scooter rider in Sydney in August.

The Toyota Hilux ute driver was charged with failing to stop and render aid, negligent driving occasioning grievous bodily harm, and not exchange particulars.

The rider of the scooter, a 34-year-old woman, suffered serious injuries.

Officers from the Crash Investigation Unit found Brown’s ute parked in North Strathfield about 2.30pm the day after the crash.

After a short foot pursuit, police arrested Brown and took him to Burwood Police Station where he was refused bail.

Brown has now faced Burwood Local Court twice and the matter has been adjourned to November 5 with bail again refused.

Hit-run 3

Driver allegedly runs red light, hits rider and flees courts
Intersection of Schofields and Windsor roads, Rouse Hill,(Image: Google Maps)

In September, SUV driver Daniel Marjoribanks was charged after allegedly running a red light and hitting a rider at the intersection of Schofields and Windsor roads, Rouse Hill.

“The driver allegedly turned right against the red arrow and struck a motorcycle which was being ridden north through the intersection,” police will allege.

The motorcyclist, a 63-year-old man, suffered multiple compound fractures to his right leg and fractured ribs.

Marjoribanks 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 was granted bail and appeared again in Blacktown Local Court yesterday where the matter was adjourned for mention on November 22.

Spate of hit-and-runs in courts

Our courts seem to be busy with this worrying spate of hit-and-run crashes leaving motorcyclists injured and dead.

We will continue to follow up on these hit-run incidents, as well as the matter of unlicensed British driver Graham Belcher who has been remanded in custody after an incident last month in which one rider died and another was injured.

unlicensed Scott Rose, wife Tenniel and his children Lacey and Nash courts
Graham Belcher

Belcher, 52, was arrested at Brisbane International Airport as he was about to board a flight to Hong Kong.

He appeared in Tweed Heads Local Court charged with an outstanding warrant, as well as:

  • 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 November 20.

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

A fundraiser page has been started to raise money for the family of rider Scott Rose, 39, who sadly died in the collision.

You can support the fundraiser by clicking here. So far, more than $17,000 has been raised from 238 donations.

Source: MotorbikeWriter.com

Driver free after causing rider death

A driver who caused the death of a rider has walked free from court over a technicality that allows motorists to dangerously pull over on the side of multi-lane highways and motorways.

Burpengary rider Luke Harris, aged just 25, died on 28 December 2017 in a crash caused by a ute pulling out in front of his Honda on the Bruce Highway.

Ute driver Cameron Woodvine was charged with dangerous operation of a motor vehicle causing death.

He told police he had pulled off on the right side of the highway to look for his wallet in a narrow roadside area that is not a designated stopping bay.

Luke’s sister, Renee Harris, says Luke was riding his bike in the far right lane when he collided with the ute as it slowly re-joined the highway.

He was thrown from his bike into the path of a BMW car which also crashed into another car stationary on the other side of the road.

“Luke had nowhere to go,” Renee says.

free
Luke with his mother Sue and sister Renee

Free

Woodvine appeared in the District Court in Brisbane on 23 July 2019 and two days later was found not guilty.

“There were no other charges, court fees, disqualifications, etc,” Renee says. 

“Unfortunately this person walked free mainly due to outdated terminology in the current road rules,” Renee says.

Queensland Road Rules only allow motorists to pull over in a freeway emergency lane and only in an emergency. Otherwise, they must not stop on a freeway. 

Driver free after causing rider death of Luke Harris
Luke with his Honda

Petition

Family friend Cressida Fraser, with the support of Luke’s family, has now started an online petition to Queensland Parliament to add multi-lane motorways and highways to the rules.

Click here to sign her petition.

“Had this person not pulled over for a non-emergent reason then this accident never would have occurred and Luke would still be here today,” Renee says.

“We don’t want another family to have to suffer the way we have not only with the pain of losing Luke but also the impact the not guilty verdict then had on our family.”

Cressida says the current rule makes it “potentially dangerous” for all motorists.

“With traffic flowing at 100km/h, it has the potential to be fatal, especially on bikes with much less protection than cars,” she says.

“Luke’s accident was the result of outside sources and not having a way out.

“It could happen and has happened to many riders, experienced or new. We just hope this can be the start of making even a small difference to rider safety.”

Source: MotorbikeWriter.com

Hit-run fatal driver was unlicensed

A British man facing multiple charges involving a fatal crash with two motorcycles on Sunday was an unlicensed driver in a rental car.

Graham Belcher, 52, of Britain, was arrested at Brisbane International Airport yesterday (Tuesday 3 September 2019) at 2am as he was about to board a flight to Hong Kong.

He will appear in Tweed Heads Local Court today.

NSW Police will allege his rental car was involved in the crash at the intersection of Riverside Drive and Tweed Valley Way in Tumbulgum (pictured above) near Tweed Heads, about 3.20pm on Sunday.

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

A male rider died at the scene and the other male rider was taken to Tweed Heads Hospital with minor injuries.

The driver of the vehicle failed to stop.

NSW Police have successfully applied for his extradition in Brisbane Magistrates Court yesterday.

He will appear in Tweed Heads Local Court this morning charged with an outstanding warrant, as well as:

  • 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 is expected to be remanded in custody to appear at a later date for a hearing.

His arrest was a joint operation involving the Crash Investigation Unit, Traffic and Highway Patrol Command, Tweed Byron Police District officers, Australian Federal Police, Australian Border Force and Queensland Police.

Police had appealed for the public’s assistance to locate the Hyundai with Queensland registration 170-ZCP.

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.
Similar Hyundai

It was found late yesterday in Terranora and seized for examination.

Inquiries into the events leading up to the crash are continuing.

Anyone with information about this incident is urged to contact Crime Stoppers: 1800 333 000 or https://nsw.crimestoppers.com.au. Information is treated in strict confidence. The public is reminded not to report crime via NSW Police social media pages.

  • Our condolences to the deceased rider’s family and friends and our best wishes to the other rider for a quick and full recovery.

Source: MotorbikeWriter.com

Negligent driving charge over motorbike crash

A 29-year-old woman has been charged with negligent driving after a collision with a motorcycle in Sydney on Sunday (1 September 2019) that left a 63-year-old male rider with a severely injured foot.

NSW Police say that about 3pm 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 for further treatment. He remains in a stable condition.

We wish him well for a full and fast recovery.

The driver of the Toyota Aurion, a 29-year-old woman, stopped after the crash and spoke with police.

About 7.50pm yesterday the woman attended Maroubra Police Station where she was charged with negligent driving.

She was given conditional bail to appear before Waverely Local Court on Wednesday, 16 October 2019. We will have an update on that day.

Officers from Eastern Beaches Police Area Command are investigating the events leading up to the crash and appeal to anyone who might have dash camera or security camera footage and is yet to speak with police to contact them.

Anyone with information about this incident is urged to contact Crime Stoppers: 1800 333 000 or https://nsw.crimestoppers.com.au.

The crash was one of three on Sunday in NSW and Queensland.

Source: MotorbikeWriter.com

Driver remains in jail after scooter hit-run

A 55-year-old Sydney driver who ran away from police after allegedly failing to stop following a crash with a scooter rider will remain in jail until his next court appearance on 8 October 2019.

Police will allege Paul Andrew Brown’s Toyota HiLux utility collided with a Vespa scooter on August 14 at the intersection of Wellbank and Spring streets, Concord.

Hit run bail jail
Image: Google Maps

“The driver of the utility allegedly failed to stop to render assistance and continued to drive north on Spring Street,” police say.

The 34-year-old female scooter rider suffered serious injuries and was taken to Royal Prince Alfred Hospital, where she remains in a stable condition.

Officers from the Crash Investigation Unit found Brown’s ute parked in North Strathfield about 2.30pm the day after the crash.

After a short foot pursuit, police arrested Brown and took him to Burwood Police Station where he was refused bail.

Brown faced Burwood Local Court the next day charged with failing to stop and render aid, negligent driving occasioning grievous bodily harm, and not exchange particulars.

He was denied bail and remanded in jail to appear again on Tuesday (27 August 2019) for mention.

Brown’s lawyer has not applied for bail, so he will remain in jail until his next court appearance on 8 October 2019.

Spate of hit-and-runs

The incident follows a worrying spate of hit-and-run crashes leaving motorcyclists injured and dead.

In NSW, the requirement for those involved in a crash to remain at the scene until police arrive was dropped in 2014, even if a tow truck is required.

However, the motorists must report the incident to police and remain at the scene if anyone is injured.

If they don’t, police can charge a motorist with failing to stop at the scene of an accident which is considered a serious offence.

Depending on whether someone is injured or killed in the crash, the motorist responsible could face serious charges with up to 10 years in jail.

Police say motorists leaving an accident scene where someone is injured decrease a victim’s chance of survival.

Source: MotorbikeWriter.com

Cheap justice in rider’s roadworks crash

More than three years after a Darwin rider died in a roadworks crash (photo above), the court has dished out cheap justice for the life of the rider.

Queensland company BMD Constructions had faced fines of up to $1.5m for failing to comply with work health and safety obligations over the death of Darwin musician Peter “Pedro” Bonnell.

Instead, NT Worksafe has accepted an enforceable undertaking from the company to spend just $305,000 in activities to improve motorist as well as worker safety.

However, it seems most of the money will be spent on staff awareness of silicosis and mental health issues, rather than motorist safety.

Only $20,000 will be spent on bringing workers up to the Work Zone Traffic Controller (WZ2) qualification standard.

An undisclosed sum will also be spent on creating an “e-learning training package for general awareness of traffic management for the NT construction industry”.

Cheap justice

It seems like cheap justice for the life of a rider and does little to make other roadworks companies liable for shoddy roadworks and traffic management procedures.

Pedro died on April 20, 2016, when his motorbike crashed into a traffic diversion set up as part of the Tiger Brennan Drive duplication roadworks.

Justice moves slowly in roadworks crash death of Darwin rider and well-known musician Peter “Pedro” Bonnell
Darwin musician Peter “Pedro” Bonnell

NT Worksafe alleged the traffic diversion set-up was not in accordance with an approved traffic control diagram and not compliant with Australian Standards.

They also alleged BMD Constructions used interlocking crash barriers without reflective bollards that were not compliant with Australian Standards, and failed in other safety areas.

NT WorkSafe Acting Executive Director Mel Garde said it was appropriate to accept the enforceable undertaking as the traffic diversion set-up was not the sole contributing factor to the incident.

She says several of the activities in the sanction will up-skill the construction industry on traffic management, creating a safer environment for workers and the wider community.

“Traffic management is an important factor in maintaining a safe workplace,” she says.

“There is an obligation to not only protect workers from the hazards of oncoming traffic, but also to protect road users from potential hazards created by the worksite.

“The driving skill and experience of road users will vary widely so it is critical that traffic management plans and traffic diversions are compliant with Australian Standards, so that all road users can safely navigate them.”

Source: MotorbikeWriter.com

Bail refused in scooter hit-run crash

A 55-year-old driver who allegedly failed to stop after colliding with a Vespa scooter rider in Sydney has been refused bail in court today (16 August 2019).

Paul Andrew Brown faced court charged with failing to stop and render aid, negligent driving occasioning grievous bodily harm, and not exchange particulars.

Police say the matter involved an incident at 7.45pm on Wednesday (14 August 2019) when emergency services were called to the intersection of Wellbank and Spring streets at Concord, after a Vespa motor scooter and a Toyota Hilux ute collided.

Hit run bail
Image: Google Maps

“The driver of the utility allegedly failed to stop to render assistance and continued to drive north on Spring Street,” police say.

The rider of the scooter, a 34-year-old woman, suffered serious injuries and was taken to Royal Prince Alfred Hospital, where she remains in a stable condition.

Officers from the Crash Investigation Unit found the ute parked in North Strathfield about 2.30pm yesterday (Thursday 15 August 2019).

After a short foot pursuit, police arrested Brown and took him to Burwood Police Station.

He was jailed overnight and appeared in Burwood Local Court this morning where he was again refused bail until his next scheduled court appearance on August 27.

Spare of incidents

The incident follows a worrying spate of hit-and-run crashes leaving motorcyclists injured and dead.

In NSW, the requirement for those involved in a crash to remain at the scene until police arrive was dropped in 2014, even if a tow truck is required.

However, the motorists must report the incident to police and remain at the scene if anyone is injured.

If they don’t, police can charge a motorist with failing to stop at the scene of an accident which is considered a serious offence.

Depending on whether someone is injured or killed in the crash, the motorist responsible could face serious charges with up to 10 years in jail.

Police say motorists leaving an accident scene where someone is injured decrease a victim’s chance of survival.

Source: MotorbikeWriter.com

Bail continues in hit-run crash

A Sydney woman continues to face strict bail conditions after fronting court today on charges related to a hit-and-run crash that injured a rider and pillion.

Molly Cahill, 22, of Sans Souci appeared in Sutherland Local Court today when the matter was held over for mention on July 30.

She has been committed to stand trial on charges of dangerous driving occasioning grievous bodily harm, negligent driving occasioning grievous bodily harm, failing to stop and render assistance after impact and not keeping left of a dividing line.

The crash scene (All images: Channel 7 Sydney) committed committed
The crash scene (All images: Channel 7 Sydney)

Bail conditions

Her bail conditions of a strict curfew, passport confiscation and daily reports to police have been continued.

The injured rider is Tony Nissirios, 38, and his injured pillion is his female partner Sam, 26. They were transported to St George Hospital.

Tony suffered multiple leg fractures and Sam had a broken wrist. Their current conditions are not confirmed at this stage but it was feared Tony would need his leg amputated.The crash scene (All images: Channel 7 Sydney) committed

Committed driver bailed

Police will allege Cahill was driving a Peugeot hatchback on the wrong side of Forest Road in Peakhurst about 1.20am (Monday 8 April 2019) when she hit the motorcycle head-on.

The rider and pillion were thrown from the bike and suffered multiple fractures.

Police will allege the driver left the scene, dumped her car nearby and texted “I think I’ve hit someone”.

She was later arrested at her Sans Souci home and taken to Kogarah Police Station. She was granted bail the following day in Sutherland Local Court.

The crash scene (All images: Channel 7 Sydney) committedSpate of hit-run incidents

The incident follows a worrying spate of hit-and-run crashes leaving motorcyclists injured and dead.

Concern over motorbike hit-run crashes collision injured
A recent hit-run crash in Melbourne

In NSW, the requirement for those involved in a crash to remain at the scene until police arrive was dropped in 2014, even if a tow truck is required.

However, the motorists must report the incident to police and remain at the scene if anyone is injured.

If they don’t, police can charge a motorist with failing to stop at the scene of an accident which is considered a serious offence.

Depending on whether someone is injured or killed in the crash, the motorist responsible could face serious charges with up to 10 years in jail.

Police say motorists leaving an accident scene where someone is injured decrease a victim’s chance of survival.

Source: MotorbikeWriter.com