Central Coast police officer Matthew Kelly pleads not guilty to manslaughter of Jack Roberts

A traffic controller and a motorist who witnessed the genesis of a police pursuit which ended with a trail bike rider’s death have recounted what they saw at the police officer’s manslaughter trial.

Suspended Tuggerah Lakes sergeant Matthew Kelly. Picture: Richard Noone

A motorist has described the moment he saw a trail bike rider’s leg poking out from underneath a police car as an officer goes on trial for the man’s death.

Tuggerah Lakes Sergeant Matthew James Kelly was charged with manslaughter and an alternative count of dangerous driving causing death after he collided with trail bike rider Jack Roberts in his police vehicle following a pursuit at Blue Haven on the Central Coast on April 16, 2020.

He is facing a new trial in the NSW District Court after maintaining his pleas of not guilty to both offences.

Jack Roberts died in the crash.

At Sydney District Court before Judge Penny Hock, motorist Christian Smith – who was on his way home from work in Somersby when he witnessed parts of the incident – told the court what he saw that night.

“I saw two overhead lights, as I was looking down quickly – my main attention was on the motorway – what I seen was a trail bike and a police car right behind it,” Mr Smith said.

“There were no lights at all on the trail bike from what I seen … only the headlights of the police car and the overhead lighting in the street.”

Mr Smith said he perceived the police car was “very close” to the trail bike and that both overtook him as he travelled along Doyalson Link Rd.

He passed the pair again only after they had collided.

“There were shards of motorbike all over the road,” Mr Smith recalled.

“As I was looking down I did notice a leg sticking out from the back of the police vehicle … I continued to drive past because I did not want to be in the way.”

The scene of the crash on Blue Haven Way, Blue Haven, in which Jack Roberts was killed. Picture: Nine News

A traffic controller named Ms O’Connor witnessed the moment Mr Roberts appeared to notice the police car behind him before they headed for part of the road called the “g-loop” while she was working at a roadworks site.

She noted she saw the police car had headlights but no red and blue warning lights for a period of time after it first came into her view behind the trail bike rider, and that she believed the trail bike rider turned his lights off altogether at a later stage.

When questioned by defence counsel Mr Gleeson, Ms O’Connor agreed her perception when she gave a witness statement in 2020 was that Mr Roberts was endeavouring to take evasive action away from police by changing lanes multiple times.

She also agreed she had been concerned for her safety and was “ready to drop her stop/slow bat and run” due to the bike’s manner of riding.

The trial will continue on Thursday.