Adam Moule: Case over motorbike rider Matthew Butcher’s death at Palm Beach held up
Matthew Butcher was killed when his motorbike was hit by a truck at Palm Beach, driven by Adam Moule (pictured), allegedly under the influence of cannabis. But the case has been held up.
Manly
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The case against a truck driver, accused of causing the death of a motorcyclist in a collision on the northern beaches, is on hold as legal authorities decide which court to prosecute the matter in.
Adam Moule, 29, from the Brisbane suburb of Annerley, is charged with one count of dangerous driving causing death and one count of negligent driving causing death.
Matthew Butcher, 46, a father-of-four from Pagewood, died when he was struck by the furniture removal truck allegedly driven by Mr Moule at a T-junction at Palm Beach on a Sunday morning in April.
Documents tendered to court stated that at the time of the incident, Mr Moule was allegedly “driving under the influence” of cannabis.
Manly Local Court heard on April 12, when Mr Moule applied for bail, that he allegedly told police he had been using cannabis about 36 hours before the incident.
The court heard on Wednesday that the Office of the NSW Director of Public Prosecutions (DPP) wanted another two weeks to make a decision on whether it would prosecute the case in the District Court.
If the DPP decides not to prosecute the case, it would be dealt with in the Local Court where penalties are not as harsh.
Magistrate Bruce Williams adjourned the matter to September 16 to allow the DPP to finish considering the brief of evidence.
Mr Moule, who is on strict conditional bail, was not required in court on Wednesday.
He has also been charged with one count each of not give way to a vehicle (right turn into terminating road); possess prohibited drug (cannabis) and; possess equipment (grinder) to administer prohibited drug.
He is yet to enter any formal pleas.
Mr Butcher had been riding his motorcycle, along with two other friends on motorcycles, south on Barrenjoey Rd, near the intersection with Surf Rd, when his motorbike and the truck collided just before 9am on April 11.
He was thrown from the bike and pronounced dead at the scene.
At his first court appearance on April 12, Mr Moule’s Legal Aid solicitor said that his client did not agree with all the police facts in relation to the incident.