A defence lawyer has challenged a collision expert’s investigation that he said linked her client’s taxi to the death of a footballer.

Victoria Greening suggested today that Glenn Luben failed to consider all the evidence in the case involving Curtis Richardson.

In particular, she said, he did not recognise the possibility that a “Mazda-style car” spotted in the area might have struck Marco Warren.

Mr Luben told her: “I never saw [a Mazda] on CCTV and one was never provided for me to examine.”

Mr Richardson, 51, has pleaded not guilty to causing Mr Warren’s death by driving without due care and attention.

The incident was alleged to have happened on May 14, 2023, near the intersection of Trinity Church Road with North Shore Road in Hamilton Parish.

Ms Greening’s questions continued from yesterday, when Mr Luben concluded that Mr Richardson’s taxi was the vehicle that struck Mr Warren.

The lawyer drew attention to a marking on Mr Warren’s upper thigh discovered by Michael Pickup, the doctor who performed Mr Warren’s autopsy.

During his testimony, Dr Pickup said he was unsure of the “significance” of the seven-by-five-centimetre laceration but said it could reflect another impact.

Mr Luben said he did not refer to the injury in his report because it was overshadowed by other medical evidence.

Ms Greening suggested that because Mr Luben failed to consider this in his conclusion, his investigation was incomplete.

She further suggested that the unmentioned injury came from a Mazda that was spotted in the area by another witness, Renée Wallace.

Mr Luben denied these suggestions.

Ms Greening questioned if he relied solely on CCTV footage regarding a Mazda.

Mr Luben replied that several investigating police officers told him there had been no vehicles other than the ones he was provided access to.

He added that the markings on the body would have been different if a Mazda had struck Mr Warren.

Mr Luben concluded: “A Mazda didn’t run Mr Warren over.

“That wasn’t anything that I would’ve concluded was involved.”

Ms Greening asked if the markings were caused by any “generic” vehicle.

Mr Luben denied this and clarified it was specific to the make and model of the taxi.

Ms Greening asked if Mr Luben could trace the markings found on Mr Warren’s pants to the front bumper of Mr Richardson’s taxi.

Mr Luben said: “I can say it was consistent.

“There was no tag number on the pants leg to prove it was this [vehicle], but it was consistent with the front bumper.”

She asked if he could say with certainty that burn marks found on Mr Warren’s sweatshirt came from the vehicle.

Mr Luben said he could not, but added it was consistent with being under the vehicle.

Ms Greening suggested that his finding that there were burns on Mr Warren’s body was wrong, and that Dr Pickup suggested they were instead abrasions.

Mr Luben said he had interpreted the wounds as burns because of his training.

DeForest Evans, an officer with the Roads Policing Unit, said he was put in charge of the investigation and scoured the area for CCTV camera footage and “anything of evidential value”.

He added that he handed CCTV footage to Christopher Sabean, an officer with the Serious Crime Unit, and oversaw the inspection of vehicles, including Mr Richardson’s.

Mr Evans said he eventually arrested Mr Richardson on suspicion of causing Mr Warren’s death by driving without due care.

When cautioned, according to Mr Evans, Mr Richardson said: “I was told by DC [Jason] Smith that I would be answering some questions. I asked if I was a person of interest.

“Now I’m being arrested? I’m surprised. I thought I was being a good Samaritan. Next time I will just drive off.”

Mr Evans said he interviewed Mr Richardson and others before officially charging him with the offence.

When cautioned, he said: “I do understand.”

During cross-examination, Ms Greening asked Mr Evans if he saw evidence of a Mazda during his investigation.

He said: “In viewing the CCTV, I did not see any Mazda.”

She asked if he was aware Mr Richardson had made a statement because he was “keen” for Mr Warren’s family to have it. Mr Evans said he was not.

During cross-examination, Carrington Mahoney, for the Crown, asked Mr Evans if he knew where the Mazda was supposed to have been spotted.

He said the witness had seen it at Bay Corner, near Fractious Street.

After Mr Evans’s testimony, the Crown closed its case.

The defence’s case is expected to start on Monday afternoon.

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