A 24-year-old Perth man is facing a possible life jail term after being found guilty of unlawfully killing a cyclist whilst riding his unregistered off-road motorbike on a pathway he was not entitled to be on.
WARNING: This story contains pictures some readers may find distressing.
Tyson Michael Denny had been on trial in the WA Supreme Court accused of the manslaughter of 84-year-old John Peters, who died in hospital 11 days after he was hit, while he stood by the side of his bicycle on the dual cyclist/pedestrian pathway in Beckenham in June 2021.
The court was told Denny was seen by a truck driver, who was on the nearby Roe Highway, travelling at speeds estimated to be around 90 kilometres per hour and at times riding on one wheel.
The driver then witnessed the collision between Denny and Mr Peters, so he pulled his truck over to the side of the road, ran to the scene, and called an ambulance.
Footage captures Denny leaving scene
In footage recorded by another cyclist on the pathway, and played to the jury, the truck driver is seen telling Denny to remain where he is, but he replies he is going to get help.
The court was told Denny then rode off on his motorbike before he was arrested at his father's home the next day.
Prosecutors alleged the manner of Denny's riding of the motorbike, on a pathway he was not entitled to be on, was so criminally negligent he should be convicted of manslaughter, which carries a maximum sentence of life imprisonment.
Denny pleaded not guilty to the charge of unlawful killing, but he did accept that the way he was riding his motorbike fell below the necessary standard.
He argued the jury should find him guilty of the lesser offence of dangerous driving occasioning death.
Denny also admitted leaving the scene and not reporting what happened to police but said that was because he needed to seek medical assistance for injuries he suffered in the collision.
The court heard he did receive treatment in hospital and that his father had decided he would take him to police the next day, but he was arrested before that happened.
After deliberating for five hours over Friday and Monday, the jury found him guilty of manslaughter.
He was found not guilty of failing to stop and render assistance and not guilty of failing to report the incident.
Praise for 'hero' who tried to stop 'villain'
Outside the court, Mr Peters's family members welcomed the verdict, saying it was the best result they could have received.
They also paid tribute to the truck driver who saw what happened and tried to stop Denny from leaving the scene, describing him as a "hero".
"If it wasn't for his efforts, we would have no doubt that the villain would have got away and ridden away and left Dad there alone to die on the footpath," Mr Peters's son Karl said.
"He gave us the opportunity to say goodbye to Dad. He has brought justice to the villain, we can never thank him enough for what he has done for our family. He is a true hero in our eyes."
Karl Peters said he hoped the verdict sent a message to others.
"This impacts people's lives when you are riding around on the streets like an idiot. There are places to ride motorbikes and it's not on footpaths or on the streets," he said.
He described his father as "a vibrant 84-year-old" who rode over 250 kilometres a week on his bike, played bowls two-to-three times a week and volunteered at the Bull Creek museum.
Mr Peters left behind four children, 15 grandchildren and five great grandchildren.
Denny was remanded in custody until May, when he will be sentenced.
