A Ballarat magistrate has heard eyewitness statements detailing the final moments before a driver allegedly crashed into a cyclist on Rokewood-Skipton Road in late 2020, causing the man's death.
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New South Wales man Hamish McKenzie Morley, 23, is facing a charge of dangerous driving causing death following the incident on December 18, in which Rokewood man Kelly Everett was allegedly thrown off his bike after the Toyota Hilux Morley was driving crashed into it.
Mr Everett died at the scene.
Morley was charged with dangerous driving causing death and careless driving, and faced the Ballarat Magistrates' Court for a committal hearing on Monday.
The court heard from eyewitness Fergus Ryan, Morley's boss, who was in the passenger seat of the Hilux when the collision happened.
Another witness, colleague Zac Forgione, was driving a truck around 150 metres behind Mr Ryan and Morley, with the Hilux as its pilot vehicle.
Mr Ryan told the court in the hours leading up to the incident, he, Mr Forgione and Morley had been driving from Forbes, in NSW, and dropped off and unloaded agricultural equipment in Rokewood sometime between 7pm and 7.30pm.
At around 9.15pm they continued their journey, planning to stop in Lismore for dinner.
Mr Ryan told the court that just before 9.28pm that he and Morley heard a loud bang as they were driving on the Rokewood-Skipton Road, and took a U-turn to find out what the sound was.
A triple-zero call was placed after they discovered Mr Everett and his e-bike on the side of the road.
The court heard the deceased had been riding home on his bike after an evening in Rokewood drinking- police said he had consumed about 2.6 litres of alcohol before the journey, and may have had a blood alcohol level of around three times the legal limit.
Police informant Detective Senior Constable Ian Whitehall of the Major Collision Investigation Unit said he could not comment if the amount consumed would have impaired Mr Everett's ability to operate his bike.
"It would depend on the individual," he said under cross examination.
"I've seen high-functioning alcoholics operate at those readings and higher.
"I just know from what I've seen from 34 years in the police force that some people handle alcohol better."
Mr Everett was wearing a high-visibility yellow vest at the time, however there was a dispute about whether his bike and helmet had lights on them.
Eyewitness Mr Ryan said in the six years he had known Morley, he had at times driven with him daily at work, that he had confidence in Morley's driving, and that he did not recall any lights on the bicycle as the pair attempted CPR on the deceased.
"He didn't look to be fatigued ... it was just a normal day," Mr Ryan said.
"In my recollection ... there were no flashing lights, nothing stood out to me."
Morley's defence lawyer argued the dangerous driving charge should be dropped, as there was not enough evidence to support the charge, nor was there evidence of drugs, alcohol, fatigue or speeding.
"There must be some feature of the driving of Mr Morley to distinguish his driving as dangerous ... there is no direct evidence of inattentiveness, therefore its a circumstantial case," he said.
A police reconstruction of the incident found that Morley was likely driving between 63 to 69km/h - around 30km/h under the speed limit - and the prosecutor stated he would have had eight seconds of visibility of the deceased before the collision.
According to the reconstruction, the deceased was around 64cm from the road's edge on his bike, and the Hilux was 20cm from the road's edge when the vehicle allegedly impacted the rear of the bike.
The police prosecutor said the case was not circumstantial, and it would be a question for a jury as to what a reasonable person would do in the circumstances.
"Given the reconstruction [Mr Everett] would have been visible," he said.
"In this case there is no evidence of deceleration, there is not evidence of braking ... you have to drive to the circumstances that you see.
"There's no evidence he was driving erratically ... but he collided with a cyclist that was further into the road than his vehicle."
"As soon as you see something out of the ordinary, that's when a responsible driver would take a [different] course."
Magistrate Michael McNamara will allow Morley to appear via video link on May 12 for a decision.
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