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Newcastle Herald
Newcastle Herald
National

Officer says rider killed in police pursuit 'came out of nowhere'

Matthew James Kelly has pleaded not guilty to manslaughter and also faces an alternate charge of dangerous driving occasioning death.

After pursuing a motorbike up the Pacific Motorway on the Central Coast in the dark hours of the morning, a police officer told his colleagues the rider who ended up under his car had "come out of nowhere".

Matthew James Kelly has pleaded not guilty to manslaughter and also faces an alternate charge of dangerous driving occasioning death.

Kelly was driving a NSW Police Force Kia Sorrento in the early hours of April 16, 2020, when he pursued Jack Roberts, 28, who was riding an unregistered Honda trail bike on the Pacific Motorway on the Central Coast.

Senior Constable Anna Zajac was at Wyong Police Station when she heard her supervisor Kelly say on the radio he had been in a collision and started heading to the scene on Blue Haven Way at Blue Haven

Kelly said the motorcyclist was conscious and breathing, Sen Const Zajac told the court.

She was on the way to the scene with Senior Constable Axel Rio-Pigeonneau about 10 minutes later when Kelly radioed again to say the rider was not responding.

Sen Const Zajac told the NSW District Court she and her partner dragged a body from under the car.

"I tried with urgency to do it on my own. I wasn't strong enough so I yelled to my partner," she said on Monday.

She began performing CPR, alternating with other officers.

"In total, we did well over an hour of CPR," Sen Const Zajac said.

Mr Roberts died at the scene.

His passport was found in a backpack and another officer recognised Mr Roberts from bail reporting at a Central Coast police station, the court heard.

Also in the bag was a folding knife, clothes, some tools and a broken glass ice pipe.

Sen Const Zajac told the court Kelly appeared shocked and she asked if he was OK.

"He said, 'no, not really'," she said.

Kelly had been in pursuit of Mr Roberts prior to the crash and followed him when he turned off the Pacific Motorway to Doyalson Link Road and then to Blue Haven Way, before the two vehicles collided.

"He'd only explained to me that (Mr Roberts) had 'come out of nowhere'," Sen Const Zajac told the court.

She said Kelly pointed in the general direction of some bushland near the road.

Judge Penelope Hock told the jury lawyers for Kelly and the Crown had both agreed they would need to visit the scene where the collision occurred despite maps and photographic evidence being tendered in court.

To see more stories and read today's paper download the Newcastle Herald news app here.

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