A NSW police officer who fatally struck a motorcyclist during a pursuit is facing a new trial, this time for negligent driving.
In March, Matthew James Kelly was found not guilty of manslaughter and an alternate charge of dangerous driving occasioning death after a NSW District Court jury deliberated for two-and-a-half hours.
However, the same evidence in the jury trial is being used to try Kelly for negligent driving occasioning death in a new judge-alone trial.
Kelly was driving a NSW Police Force Kia Sorrento in the early hours of April 16, 2020, when he pursued Jack Roberts.
The 28-year-old was riding an unregistered Honda trail bike up the Pacific Motorway at Blue Haven, on the Central Coast, before the two vehicles collided. Mr Roberts died at the scene.
The prosecution argued Kelly had insisted on driving close to Mr Roberts, pointing to an admission in the officer's own evidence.
They also said they did not have to prove Kelly had deliberately caused the crash to show he was a negligent driver.
Defence lawyer James Glissan KC argued the prosecution had to show Kelly was driving negligently, his driving caused the collision and the collision led to the motorcyclist's death.
But none of these could be proven beyond reasonable doubt, he said.
"It was reasonable for Kelly, at the time, to be following the course he took. Which was following the motorcycle by making a lawful turn at a reasonable speed - not exceeding the speed limit," he told Sydney's Downing Centre District court on Tuesday.
Judge Penelope Hock is expected to finalise her verdict on Wednesday.
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