Tobias Alexander Fine given bail on manslaughter charge over Waterford West motorbike death

A 21-year-old man accused of running a motorbike off the road, killing the teen rider and injuring a passenger, allegedly tried to load the bike onto his ute before he was interrupted and fled the scene, a court has heard.

Mourners at the site where Jai Anderson died at Waterford West. Picture: Richard Walker

A 21-year-old accused of running a motorbike off the road, killing the teenage driver and injuring a passenger, allegedly tried to load the bike onto his ute before he was interrupted by witnesses and fled the scene, a court has heard.

Tobias Alexander Fine was charged with manslaughter after allegedly hitting what he mistakenly believed was his own stolen motorbike at Logan on March 4.

He was granted bail in the Supreme Court on Thursday where the Crown opposed his release, submitting his stolen dirt bike still had not been recovered and there was a risk others might be in danger if he found it and tried to recover it.

But Justice Peter Applegarth pointed out a stolen motorbike was now the “least of his worries” and it was likely he had learned a “valuable lesson” such that if he did find the stolen vehicle, he would be more likely to call the police.

The court heard Fine had allegedly been staking out a Waterford West home where he believed his stolen motorbike was being held and on the evening of March 4, he pursued the bike being ridden by 17-year-old Jai Anderson.

Jai Anderson died at Waterford West on March 4.

The court heard Fine, driving his Toyota HiLux, collided with the bike which was being driven at high speeds with no lights on, causing it to strike a traffic island and a tree, throwing both riders from their seats.

Mr Anderson died at the scene and his 19-year-old passenger was taken to hospital with a broken femur.

The crown submitted the risk of Fine reoffending and the risk to the safety of others were important considerations because he had “engaged in incredibly dangerous conduct with a view to retrieve the bike”.

Defence barrister Timothy Ryan KC said 21-year-old Fine, who works as a waterproofer, had no criminal history.

“When one looks at the statements it’s apparent it seems that there was a pursuit going on where the motorcycle was being followed by others, not this man, but other people in other vehicles,” Mr Ryan said.

“And there seems to be on one view of those statements a view that the applicant has driven out at a time proximate to when the motorcycle was being driven past to sort of corral the motorcycle rather than necessarily hit it.”

Justice Applegarth took into account defence submissions that it was unlikely Fine would have been intending to damage his own bike.

“The defence case is that this motorcycle has been stolen, he’s complained to police about it, the police haven’t taken action to investigate and return the vehicle,” Justice Applegarth said.

“And he’s taken matters into his own hands and with the complete lack of foresight consistent with many 21-year-olds who have seen too many movies on television, he thinks it would be a good idea if he runs the bike off the road so he can retrieve the motorbike.”

The court heard it was alleged after the collision, Fine and an associate had tried to load the motorbike onto his ute but fled when they were interrupted by witnesses.

The court heard as he left the scene, Fine called police, told them there had been a collision, gave them his location and waited for them to arrive and speak with him.

“One would think that the applicant’s arrest – he’s been charged with serious offences – and his having been in custody will make him reflect upon matters and that trying to retrieve a motorcycle is amongst the least of his troubles and should be not at the forefront of his endeavours,” Justice Applegarth said.

“And that if by chance he or someone finds out where the motorcycle is this time he would rely upon the police to retrieve it.

“So I don’t consider the risk of his committing further offences by attempting to find the missing motorcycle is such as to require him to remain in custody.”

Fine is facing charges of manslaughter, grievous bodily harm and failing to remain at the scene of a crash.