Blue Haven: Sergeant Matthew James Kelly’s manslaughter trial continues

A trail bike rider allegedly killed during a police pursuit was under the influence of a cocktail of drugs including cocaine, Viagra and a “toxic” level of methylamphetamine, a court has heard.

A trail bike rider who was allegedly run over by a police car was a heavy drug user and would have been “substantially impaired” by methylamphetamine at the time, according to Australia’s leading expert on drug-driving.

Forensic pharmacologist Dr Judith Perl was called to give evidence in the District Court trial of Tuggerah Lakes Police Sergeant Matthew James Kelly, who has pleaded not guilty to the manslaughter of Jack Roberts, 28, at Blue Haven on April 16, 2020.

The 50-year-old officer has also pleaded not guilty to dangerous driving occasioning Mr Robert’s death.

Dr Perl told the court Mr Roberts had the remnants of cocaine, Viagra and a very significant blood concentration of methylamphetamine in his system — to the point it would have been “highly probable” his ability to ride would have been impaired.

The scene of the crash on Blue Haven Way, Blue Haven, in which Jack Roberts was killed. Source: Channel 9

She said the concentration of methylamphetamine was so high it would have been in the “toxic” range and Mr Roberts would have to had to have been “a regular heavy user” of the drug and potentially on a three-day “binge”.

Dr Perl said the concentration of methylamphetamine would have impaired Mr Roberts’s ability to ride by altering perceptions, increase “aggressive or risk-taking behaviour” and he would have been in the “acute phase of drug intoxication” even with a high level of tolerance.

“This is a very high dose,” she said.

Forensic pathologist Dr Allan Cala, who performed the autopsy on Mr Roberts on April 20, 2020, was also called to give evidence.

He said he found the cause of death to be “mechanical or traumatic asphyxia” caused by the weight of the police vehicle after Mr Roberts became trapped under the car.

Forensic Pathologist Doctor Allan Cala performed the autopsy on Mr Roberts. Dr Cala pictured here in 2003.

He acknowledged there was a high level of methylamphetamine in Mr Roberts’ system at the time but could not determine if it played any role in his death because “even if he had no drugs on board he could have died exactly the same way”.

Dr Cala said the level of 2.9mg/L of methylamphetamine was in the “high to very high range” and he had seen many deaths where this level of the drug would have been considered in the “upper end of the range for this drug”.

“In my opinion, the drug detected may not have played any role in this man’s death,” Dr Cala said.

“The incident as described, with respect to this man’s death of course, could have occurred if no drugs were present at the time of his death.”

He said Mr Roberts had become trapped faced down under the police vehicle for up to 10 minutes before he was released by Sgt Kelly and witnesses using “two vehicle jacks to raise the front and rear driver’s side of the police vehicle”.

The court heard Mr Roberts was wearing a backpack at the time and despite efforts to revive him he was declared dead at 3.38am.

The trial continues.

EARLIER FROM FRIDAY, MARCH 4

Central Coast police officer on trial for the manslaughter of a trail bike rider in Blue Haven said he was “dumbfounded” when he saw the rider under his car.

The trial of Tuggerah Lakes Police Sergeant Matthew James Kelly continues at the Sydney Downing Centre District Court before Judge Phillip Mahony.

Sgt Kelly, of Kariong, has pleaded not guilty to the manslaughter of Jack Roberts, 28, at Blue Haven in the early hours of April 16, 2020. The 50-year-old has also pleaded not guilty to dangerous driving occasioning Mr Roberts’ death.

Police allege Sgt Kelly was driving a police vehicle with “gross criminal negligence” in pursuit of an unregistered trail bike on Blue Haven Way when the two vehicles collided, killing the rider Mr Roberts.

On Friday, the recorded police interview conducted by the officer in charge of the investigation Detective Sergeant Evan Davies was played before the court.

Suspended Tuggerah Lakes sergeant Matthew Kelly. Picture: Richard Noone

The interview was conducted at Gosford Police Station on May 21 2020 and Sgt Kelly had a reverend present as his support person.

During the recorded interview, Sgt Kelly said his shift on the day of the incident was 6pm-6.30am.

He said he was travelling on the M1 in the early hours of the morning when turned off at the Sparks Rd exit and stopped at lights where there were roadworks.

He told Sen Sgt Davies that he saw the trail bike ride pass a road controller before it passed him.

Sgt Kelly said the bike had a “plastic plate where the headlight would be” and he didn’t see a registration plate.

“It just looked like a bike that could not be registered because of the design,” he said in the interview.

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

“He was riding without headlights, it was dark. He rode straight past the road worker.”

Sgt Kelly said he pursued the bike to the M1 link road, signalling the rider to stop but he continued and started driving on the opposite side of the road.

He said he continued to pursue the rider and was 10-20m behind him. The court heard the vehicles travelled along the Doyalson link road before they approached roadworks which were lit near Blue Haven Way.

During the interview, Sgt Kelly said the rider turned into Blue Haven Way from the wrong side of the road and ended up to the “left of centre” in front of the police vehicle.

Sgt Kelly said they were travelling at similar “low” speeds but could not recall how fast.

When asked how far he was from the bike, Mr Kelly responded “I really don’t know. I couldn’t tell you, it was sufficient that I had full view of it”.

The police car being towed from the scene. Picture: 9 News Source: Channel 9

When Sgt Kelly was asked for his recollection of the impact he said “I don’t have the recollection”.

He said he had a clear view of the bike on the left hand side of his car before his attention was drawn to the right where he saw the bike “skidding”.

He told Det Sgt Davies during the interview that he formed the opinion that the rider had “thrown the bike and dumped it” before running. He said he did not recall the sound of impact before stopping his car.

“I was looking around, brought the car to a stop and was getting ready to get out and find him,” Sgt Kelly said.

“I was dumbfounded to find him under the car and couldn’t believe I didn’t feel … I’ve been in crashes where you feel … and parking instances where you feel the touch of the other car. I don’t have any appreciation or feeling of that. I got out and I heard him, he was yelling.”

Sgt Kelly described how the rider was on his back between the front and rear wheels with a part of his body stuck under the car.

The jury trial continues at the Downing Centre District Court. Picture: Nikki Short

He said he searched for equipment to lift the car and “crawled under the car over his body to release his arm and slide him out”.

He said he was helped by a truck driver until police and emergency services arrived.

When asked what his initial thought process was when he saw the trail bike with no headlights, Sgt Kelly said he thought “he’s up to no good”.

“I know that criminals use these bikes as they are highly mobile and not identifiable by registration,” he said.

“He was driving in a manner dangerous to others, he had no lights on. I don’t know what was on his mind. Whatever his thought processes were, he had no regard for his own safety.

“As police we are not allowed to tolerate it. We can’t just say ‘it’s not my problem’. My primary concern was the safety of everyone else on the road. You give a death message to the family of someone who is completely innocent and it’s horrendous.”

On Tuesday, the trial heard how Sgt Kelly told his boss “I killed a bloke tonight” after the alleged incident.

The trial will continue at 10am on Monday.