The driver allegedly involved in a fatal crash that killed much-loved Rokewood identity Kelly Everett has had his charge of dangerous driving causing death dismissed.
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Hamish McKenzie Morley, 23, remains facing a charge of careless driving following the incident on December 18, in which the Rokewood man Everett was thrown off his bike on Rokewood-Skipton Road in late 2020.
Mr Everett died at the scene.
Magistrate Michael McNamara said at Thursday's committal hearing at a Ballarat Magistrates' Court there was not enough evidence for a jury to find New South Wales man Morley's driving dangerous.
"Prosecution acknowledged it could not be said the accused was driving at a speed dangerous and that the accused did not see [Everett]," Magistrate McNamara said.
"There is nothing in the evidence before me that elevates the accused level of driving to reckless."
Morley appeared via video link from New South Wales.
The charge of careless driving is a less serious offence than the charge of dangerous driving causing death, and unlike the latter, does not carry a penalty of jail time.
A police reconstruction of the incident detailed to the court last week found that Morley, in a Toyota Hilux, was likely driving between 63 to 69km/h - around 30km/h under the speed limit.
According to the reconstruction, the deceased was travelling around 64cm from the road's edge, and the Hilux was 20cm from the road's edge when the vehicle allegedly impacted the rear of his bike.
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The court also heard witness statements last week from Fergus Ryan, Morley's boss, who was in the passenger seat of the Hilux when the collision happened and colleague Zac Forgione, who was driving a truck around 150 metres behind Mr Ryan and Morley.
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.
Mr Everett was born and bred in Rokewood, had a passion for history and his community and was remembered as a kind and generous man who would always help out.
He was known for riding his bicycle everywhere he went and for having a 'heart of gold'.
Morley will return to court in July on the careless driving charge.
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