Death of 16-year-old motorbike rider Xavier Lengyel and police handling of case under scrutiny in coroner’s inquest
THE facts and the police investigation surrounding the death of Xavier Lengyel, a 16-year-old who was killed in a car crash, are under scrutiny by the Territory’s coroner
Crime and Court
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THE facts and the police investigation surrounding the death of Xavier Lengyel, a 16-year-old who was killed in a car crash, are under scrutiny by the Territory’s coroner.
The inquest will also investigate whether new laws should be introduced in relation to vehicle crashes causing death.
Xavier was riding his motocross bike, a Kawasaki KX250F, along Leonino Rd when he was killed on March 14, 2018, after colliding with a green Subaru Forester.
The bike was a dedicated competition bike so was not registered and did not have lights or blinkers.
Five witnesses, including the driver of the Subaru Forester involved in the crash, Maxine Yvonne Holden, were cross-examined during the first day of the inquest led by coroner, Greg Cavanagh.
Counsel Assisting the Coroner Kelvin Currie questioned Holden over her version of events.
She said she had to pull out in front of the driver of a Commodore ute – who was driving under the speed limit.
He had pulled out suddenly and given her no time to react, Holden said.
“I nearly hit him,” she said.
She said when she went to overtake the ute she indicated and turned on to the right hand lane at which point she collided with Xavier.
She said the moment she knew Xavier was there was when he was, “right in front of the car with the wheel up on the roof”.
The impact knocked out Holden and her two daughters who were also in the car.
Holden’s daughter, Danielle Holden, said they noticed Xavier on the motorbike “one metre before it hit the vehicle”.
She told the court her mum said: “Shit, hold on girls, a motorbike,” just before the collision. Holden had her head in her hands during a body cam recording by police at the scene.
Police did not take a statement from Holden until five weeks later.
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Mr Currie questioned the witnesses as to how dark it was with varying opinions.
Witness Ben Arnold did not appear at Darwin Local Court on Tuesday to take the stand.
Mr Cavanagh ordered police to find out where Mr Arnold was.
The court heard Xavier’s mother Cheynay Lengyel, who lived about 200m away, arrived at the scene asking to see her son.
Witnesses said she struggled to get anyone including police to tell her where he was.
The inquest will continue on Wednesday.