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'He just came out of nowhere'

Donald Iain MacDonald is accused of causing death by dangerous driving.

A man accused of killing his best friend’s girlfriend through dangerous driving told Supreme Court the collision was not his fault.

Donald Iain MacDonald was riding a motorcycle with Anett Farkas as his passenger when, according to the prosecution, he turned across the path of an oncoming motorcycle. Ms Farkas, 24, a Canadian bartender at the Robin Hood pub, died from head injuries sustained in the collision on North Street, Pembroke, on September 5 2005.

MacDonald, 29, a Scotsman working as a waiter at the Henry VIII restaurant at the time, denies causing death by dangerous driving. He told a jury yesterday that he was attempting to turn into a parking space so he and Ms Farkas could go to House of India for dinner, and did not see the bike ridden Vincent Hewey until it was upon him. He claimed the other driver, who was aged 16 at the time, was speeding.

“He just came out of nowhere. One second he wasn’t there and the next minute he crashed into me,” he told the court.

MacDonald’s lawyer, Richard Horseman, alleged that Police officers did not mark where the vehicles came to rest, and the court also heard that the defendant’s cycle was later stolen from the scene.

Opening the case for the prosecution yesterday, Crown Counsel Robert Welling had told the jury MacDonald was riding east on North Street at around 9 p.m, and Mr. Hewey heading west, when MacDonald turned into the other bike’s path. Mr. Welling said the resulting collision was “at fairly low speed” and both Mr. Hewey and MacDonald were not badly hurt, but Ms Farkas sustained a massive head injury, and later died.

Giving evidence for the prosecution, Mr. Hewey, of Fentons Drive, Pembroke, said he had travelled from his home along Parsons Road and on to North Street doing what he described as “the modern speed,” which he classified as between 30 and 35 kilometres per hour. He told the jury he saw MacDonald’s bike attempting to turn across North Street.

“He didn’t know what he wanted to do — if he wanted to turn into House of India or just stay there and let me go past,” claimed Mr. Hewey. He said he and the defendant made eye contact when he first saw MacDonald but the latter did turn his bike, and the collision ensued. He claimed MacDonald said “I’m sorry, I’m sorry, it was my fault, it was my fault” more than five times at the scene, and apologised again in a phone call a week or two later.

Mr. Richard Horseman put it to Mr. Hewey that he was speeding, which he denied. He agreed that he swore at MacDonald after the crash but said he had not shouted, and calmed down when he realised Ms Farkas was unconscious.

MacDonald was arrested after Ms Farkas died in hospital.

P.c. Rickson Wiltshire, the investigating officer, agreed with Mr. Horseman that MacDonald’s cycle had already been moved when he arrived at the scene, and the road surface was not marked by the Police as far as he knew. He told Mr. Horseman MacDonald’s cycle was stolen from North Street later that night after being left by the side of the road. He also agreed the court had not been presented with measurements recording the scene and that he was not a traffic investigation officer. He told Mr. Horseman he had “no idea” why he ended up heading the investigation instead of other officers trained in this field.

Taking the witness stand in his own defence, MacDonald, of Hilltop Drive, Southampton — who is known by his middle name Iain — told the jury there was nothing coming in the opposite direction when he signalled to turn into a car park by the Flying Chef, adjacent to the House of India.

“As I was fully into the other lane then I heard Anett say “no Iain” and as soon as she said that I looked to the side and I could see the headlight of another bike. It was just like one metre (away), it was just like right on me,” he said — describing the impact as “just like an explosion”. He claimed Mr. Hewey shouted and swore at him while he was still under his bike. When he freed himself, he said Ms. Farkas was unconscious and he dialled 911 and also Henry VIII to tell his friend what happened to his girlfriend. He agreed that he said the accident was his fault at the scene.

“I was in shock. I was frantic. I was beside myself. My friend was lying unconscious,” he explained, telling the jury that having now seen the available evidence “I don’t think it’s my fault”.

In answer to cross-examination from Mr. Welling, he denied failing to ensure it was safe to cross the road throughout the manoeuvre. He said of Mr. Hewey: “I felt the impact of the bike and I know he was going faster than the speed limit.”

He agreed he had not blamed anyone else for the collision when interviewed by the Police. The case continues.

Vincent Hewey told Supreme Court yesterday how he was involved in a two-bike smash that left a woman passenger on the other bike dead.