A Kalgoorlie man fatally ran over a teenager after making a split-second decision to chase him because the youth was riding a motorbike that had been stolen from his home the day before, the WA Supreme Court has been told.
The man — who cannot be identified — is on trial accused of unlawfully killing 14-year-old Elijah Doughty in August last year.
The court was told the man pursued the teenager down a dirt track after seeing him riding one of two motorbikes that had been taken from a shed at his home.
The man was apparently in the area because when he reported his bike missing, police told him to check out a place where stolen bikes were often dumped.
The man claimed Elijah "veered in front of him" but admitted he could not avoid hitting the teenager because he was driving too close to the motorbike, the court heard.
The man has pleaded guilty to a charge of dangerous driving occasioning death, but has denied the more serious charge of manslaughter.
Prosecutor David Davidson told the jury Elijah died on impact as a result of multiple injuries.
Mr Davidson said it was the state's case that the man had failed "to use reasonable care or take reasonable precautions" to prevent hitting the teenager, and had therefore shown "gross negligence".
However, the man's lawyer Seamus Rafferty said his client maintained the fatality happened because "entirely unexpectedly and without warning" the motorbike "veered in front of him".
"Had the bike not veered in front of him ... there would have been no collision," Mr Rafferty said.
Mr Rafferty said his client accepted his manner of driving was dangerous because he was too close to the motorbike, but maintained he did not intend to hit Elijah and was not criminally negligent.
"He is eternally sorry for being involved in this," Mr Rafferty said.
The trial is set down for seven days.
