Jay Wyliam Papworth inquest hears police wanted to pull him over for wearing shorts
A motorbike rider was killed in a crash after fleeing from police – but the officer just wanted to let him know shorts were unsafe, a court heard.
Police & Courts
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A young unlicensed motorbike rider crashed and died after a police officer attempted to pull him over to discuss road safety – because he was wearing shorts, a court has heard.
Jay Wyliam Papworth rode the wrong way down Sturt Rd, Seacombe Gardens, which was deserted due to Covid-19 restrictions on November 19, 2020, and into the path of an oncoming bus.
His cause of death is being investigated at a coronial inquest because it occurred during his attempted apprehension by police.
Counsel assisting the coroner, Peter Longson, told the court Mr Papworth was trying to turn his life around after being released from custody about 20 days earlier, on October 30, 2020.
He said Mr Papworth, 23, was not the subject of any court orders at the time, but was later discovered to be riding unlicensed on a “too big”, unfamiliar motorbike with methamphetamine and cannabis in his system at the time of the crash.
After the crash police discovered the motorbike – which had a handwritten cardboard numberplate – was stolen, but Mr Papworth could not have been involved in its theft because he was in custody at the time.
In his affidavit, the officer who tried to stop Mr Papworth, Brevet Sergeant Neil Hogg, said he “always try to speak to motorcycle riders who are wearing shorts” and had never before met Mr Papworth.
“I like to speak to them and try to educate them about their own safety and the dangers involved in riding motorcycles without the proper safety attire,” he said.
Sergeant Hogg activated his body-worn camera, which showed him exit his car and make an attempt to stop Mr Papworth as he left the carpark.
Mr Longson said that by the time the officer got back in his car, made a radio transmission and performed a U-turn, Mr Papworth had already crashed into the bus.
The court heard the officer was “was unaware that a collision had occurred” until he arrived at the scene, about 300m down the road.
Sergeant Hogg was later taken to hospital after becoming “quite distressed”.
His affidavit revealed the incident was the third death he had attended in the past week. He has never viewed the body-worn camera footage.
Mr Papworth’s cause of death at autopsy was blunt head and chest trauma.
Mr Longson said Mr Papworth had been discussing quitting drugs prior to the crash.
He urged Deputy State Coroner Ian White to make findings including that Mr Papworth had likely fled from the officer for reasons including that he was disqualified, had a suspicion the bike he was riding was stolen and because he was riding with illicit drugs in his system.
Mr Longson said it may have been one, or a combination of those reasons, coupled with a fear of returning to prison that had led to Mr Papworth riding off.
He said the court should find Mr Papworth’s death was a tragedy but a “decision of his own making”.
He said the inquest should find that neither Sergeant Hogg nor the bus driver were responsible for the crash.
Mr White will deliver his findings on a date to be set.