A van may have been on the wrong side of the road when it fatally collided with motorcyclist Larry Thomas, an expert witness told Supreme Court yesterday.

However, the lights on the motorcycle may have been off at the time, and there was no indication either vehicle braked to avoid the other.

The driver of the van, Roger Bowen, 26, is accused of killing Mr. Thomas while he was driving over the alcohol limit. He denies the charge.

Opening the case on Monday, prosecutor Nicole Smith said Bowen was driving west and Mr. Thomas, 34, was heading east when the collision occurred on Somerset Road in Sandys in the early hours of April 26, 2008.

Mr. Thomas a father of two who worked at the Salt Rock Grill in Somerset suffered serious injuries. He was pronounced dead shortly after being taken to hospital. The court heard yesterday from Bowen's boss that he was a mechanic with Bermuda Air Conditioning, and was driving a work van at the time.

Traffic collision investigator Dave Greenidge was called as an expert witness by the prosecution. He detailed his findings, based on debris at the scene and gouge marks in the road, as well as damage to the vehicles.

The damage to the bike was on the front end, while the damage to the van was on the front right side. The expert said this indicated they'd collided "at a glancing angle".

He said the light switch was in the off position on the bike, showing "it was off either prior to, or during the collision". However, he went on to add that a switch can be pushed to the off position during a collision, depending on the position of the rider. Acting Inspector Greenidge told the jury that gouge marks in the eastern lane were caused by the metal footrest and gear lever of the bike dragging along the road surface. They were located 3.4 metres into the eastbound lane from where the central line is.

He told the jury that this, together with other factors such as debris at the scene, indicated that the first impact of the collision between the vehicles occurred in the eastbound lane.

The expert was unable to estimate the speed the vehicles were travelling. However, he said there were no skid marks on the road that would have indicated the vehicles braking or manoeuvring harshly to avoid each other. He said the bike had a bald front tyre, which would have caused problems with traction on a wet surface. However, this would have little effect on a dry road, and the road was dry when he examined it at 3.40 a.m. The collision is said to have occurred around 40 minutes earlier.

Asked about the general condition of the bike, he said it was" very rusty" and "had seen better days" but was roadworthy. He described lighting at the scene, which is near St. James' Church and the Upper Crust pizza restaurant as adequate, with a street lamp located near the church cemetery.

Bowen, of Cambridge Road, Sandys, denies causing death by driving with excess alcohol and driving with excess alcohol, and the case continues.