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Jury trial visits scene of road death

Accident scene: Donald Blake, right, talks with his lawyer Mark Pettingill at the scene of the fatal accident in which cyclist Travis Smith was killed.

A motorcyclist was killed after crashing into a car as it pulled into the entrance of a gas station, a court heard.

A Supreme Court jury heard the impact was such that the motorcycle slid across the other carriageway and the driver was catapulted into hedges along the roadside.

Travis Smith, 26, died in the incident, outside Terceira's Service Station, Devonshire, on July 6, 2006. Yesterday Donald Blake, 48, of Hamilton Parish, went on trial accused of causing death by dangerous driving.

In a witness statement taken on December 8, 2006, Blake told Police he indicated right to pull into the gas station and that he checked the western lane was clear before crossing the carriageway.

The statement, read out to the court, stated it was 8.45 p.m. and Blake was heading east along North Shore Road. He said his headlights were "on as it was getting dark".

"I did not see any headlights or indicators coming towards me in the opposite lane," he said.

"The westbound lane was clear as far as I could tell."

Blake told Police although there was a taxi stopped inside the entrance to the gas station ahead of him, "I still had enough room to make the turn".

But he said: "Once I stopped behind the taxi I heard a bang."

He pulled on his handbrake and got out of the car. "I then saw a bike lying on its side in the east lane," he said.

"The tyres of the motorcycle were spinning and there was a ball of smoke coming from it. I then saw people running."

As witnesses attended to Mr. Smith at the roadside, Blake said he sat on a wall while the ambulance and Fire Service arrived.

He was asked by Police to provide a breath test, which proved negative for impaired driving, and his car was impounded.

Blake's Suzuki Swift sustained collision damage to the front nearside of the vehicle.

Police Inspector Philip Lewis told the court Mr. Smith was exceeding the speed limit when the accident happened.

Two witnesses at the scene also allege Mr. Smith was travelling faster than 70 kilometres an hour when his Honda Sonic crashed into the side of Blake's car.

But Crown counsel Rob Welling said that although the prosecution accepts Mr. Smith was speeding, the accident took place in the westbound lane in which he had right of way.

Defence lawyer Mark Pettingill yesterday asked Errol Peterkin, the Police officer in charge of the investigation, why it had taken so long five months to take a statement from Blake.

PC Peterkin told the court: "There was difficulty getting hold of Mr. Blake. Several attempts were made to get hold of Mr. Blake."

Asked why a witness statement had been taken rather than a caution statement, the officer replied: "At this point we didn't have enough evidence. A caution statement is when someone is suspected of committing an offence."

The jury was also read a statement from PC Howard Outerbridge, who was on traffic duties at the junction of North Shore Road and Store Hill at 4.45 p.m. on July 6 when he noticed Mr. Smith's motorbike travelling down Store Hill.

PC Outerbridge said he indicated for him to stop at the junction, but that "the driver ignored my instructions".

"Upon entering North Shore Road he appeared to accelerate in speed and I saw him travelling away from the area," he said.

The case, before Puisne Justice Charles Etta Simmons, continues today.