Blue Haven: Sergeant Matthew James Kelly to face new trial over alleged manslaughter of Jack Roberts

The retrial of an officer charged with the manslaughter of a trail bike rider during a Central Coast police pursuit is set to begin — almost a year after the first trial was aborted. See why here.

Sergeant Matthew Kelly (suit) will face a new trial charged over the manslaughter death of Jack Roberts following a crash at Blue Haven. Picture: supplied

The retrial of a Central Coast police sergeant charged with the manslaughter of a trail bike rider during a pursuit is set to start almost a year to the day after an earlier trial was aborted.

Tuggerah Lakes Sergeant Matthew James Kelly will face a new trial in the NSW District Court after maintaining his pleas of not guilty to manslaughter by criminal negligence and an alternative count of dangerous driving occasioning death.

It comes after his first trial was aborted in March last year when a rogue juror started conducting unsanctioned experiments.

After four-weeks of evidence and five hours into its deliberation, the jury was discharged when it became known to the trial Judge Phillip Mahony that a jury member may have “unintentionally breached” the court’s orders when they conducted an experiment with a ruler and a book to recreate the height of the undercarriage of a police vehicle.

Sgt Kelly was charged with the manslaughter death of Jack Roberts, 28, who he allegedly ran over and killed — by gross criminal negligence — in the early hours of April 16, 2020, following a pursuit at Blue Haven.

Tuggerah Lakes sergeant Matthew Kelly, 51, leaving Gosford Local Court after an earlier appearance. Picture: Richard Noone

The now 51-year-old was driving a fully marked Kia Sorento police car when the Crown will allege he deliberately ran into the rear of Mr Roberts’ Honda trail bike significantly contributing to his death.

The Crown alleges Mr Roberts died from mechanical asphyxiation when he became trapped beneath the Sorento and couldn’t breathe.

Jack Roberts, 28, was killed when he was allegedly run over by sergeant Matthew Kelly following a pursuit. Picture: Facebook

The court heard Mr Roberts was riding an unregistered trail bike without a headlight on the M1 freeway when he came under notice of Sgt Kelly, who initiated a pursuit.

Sgt Kelly’s defence barrister James Glissan, KC, told the court his client formed the opinion Mr Roberts was “up to no good” in an area where drug dealers were known to use unregistered trial bikes to distribute drugs.

The court heard an autopsy found Mr Roberts’ had up to “four to five times the lethal dose” of methamphetamine in his system at the time and his ability to ride would have been impaired.

On Monday the Crown prosecutor told the court they were hoping to empanel a jury of 15 members with the trial to take an estimated four weeks.