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Taxi driver moved car after crash -- eyewitness

motorcycle told a Supreme Court jury yesterday he observed the taxi driver move his vehicle "about 25 feet'' away from the scene of the accident.

The testimony came on the opening day of the trial of Albert Nesbitt, who has pleaded not guilty to one charge of reckless driving causing the death of Azores native Antonio DeFrias, on the morning of May 20, 1995, on North Shore Road in Hamilton Parish.

The 46-year-old Pembroke taxi driver has also pleaded not guilty to one charge of dangerous driving causing death, but guilty to a lesser offence of driving with more than 80 milligrams of alcohol in 100 millitres of blood. Another charge of impaired driving remains on the record.

Following the selection of a ten-woman, two-man jury, Crown counsel Charlene Scott called eyewitness William DeShield, who told the court he was walking west on Radnor Road at about 6.30 a.m. when he saw a taxi pass by at "normal speed'' and collide with DeFrias' bike in front of Jeffrey & Sons near Shelly Bay Park.

Mr. DeShield testified he saw the bike fly some eight feet into the air and land in a nearby bus shelter while the rider landed on the other side of a one-foot wall on the far side of the eastbound carriageway.

"I froze for a minute and when I got my composure together, I went over to the rider. It looked like his neck was broken and he had a large gash on his knee,'' he added.

A few moments later, Mr. DeShield said he observed the taxi driver slowly move his cab about 25 feet to the left, into the westbound carriageway.

But under cross-examination by defence counsel Julian Hall, Mr. DeShield admitted he did not see the cab the instant before the collision and therefore could not estimate Nesbitt's speed.

He also conceded he did not observe the motorcyle in the seconds leading up to the collision, and could not say on what side of the road DeFrias was riding or estimate his speed.

"I put it to you that all you really saw was a bike and its rider flying through the air,'' said Mr. Scott.

"That's right,'' replied Mr. DeShield. "It all happened so fast.'' Mr. DeShield also acknowledged the collision occurred on a "blind corner'', and perhaps Nesbitt moved his van to avoid further collisions, but refused to accept it may have been a wise move.

"When I saw him move the cab I said `wow'. You don't move the cab until the Police come,'' he told the court.

Another witness, King Edward VII Memorial Hospital Emergency Services director Edward Schultz, testified that Mr. DeFrias was taken by ambulance to the hospital where he arrived unconsious and not breathing.

All attempts to resuscitate the victim were made but he was pronounced dead at 7.20 a.m., said Dr. Schultz.

Meanwhile, under cross-examination by Mr. Hall, Detective Constable Eric Woods of the Scenes of Crime unit, testified he looked for, but could not find, any skid marks at the scene.

The trial, being held before Acting Chief Justice Norma Wade, resumes this morning in the Supreme Court.