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Motorcyclists dies in crash with pensioner Kenneth Boarer: court

The Central Criminal Court, London
The Central Criminal Court, London

by Julia Roberts

A motorcyclist was killed when his powerful Ducati bike collided with a pensioner's car, a court's heard.

Daniel Price, 32, braked so hard to try and avoid a smash that the rear wheel of his motorcycle was described as lifting "vertically" from the road.

He and a friend were riding in convoy along the A28 in St Michael's, near Tenterden, in October 2009 when Mr Price collided with a Vauxhall Astra driven by 80-year-old Kenneth Boarer.

It is alleged Boarer had pulled out of Heather Drive and across the path of Mr Price. He later told police it was a difficult junction and the safest way to leave it was to ease out "and then make fairly good progress without hanging about".

Maidstone Crown Court heard he also told Mr Price's riding companion, Adrian Smith, after the fatal collision that on occasions he would "wheel-spin" across the road as he carried out the manoeuvre.

However, the pensioner, who lives in Heather Drive, maintained that he had double-checked the road for on-coming traffic before pulling out. He told officers he did not see Mr Price's Ducati until he (Boarer) was straddling the central white line.

Prosecutor Martin Yale told the jury of seven women and five men that Boarer also claimed that when he saw the motorbike he stopped and hoped the rider would go behind him.

Mr Price, who lived in Deakin Leas, Tonbridge, was treated at the scene and flown to hospital by the Kent Air Ambulance. However, he died from his injuries the following day.

The weather at the time of the smash on October 4 2009 was bright and sunny, and the road surface was dry. The speed limit was 40mph.

The court heard that it was not possible to ascertain Mr Price's speed as there were no skid marks. But Mr Yale said that had Boarer's Astra emerged forward as he suggested, then he would have been able to see in excess of 90 metres along the A28 when just a metre over the Give Way markings.

The prosecutor added that Mr Price would have to have been travelling in excess of 100mph to be out of Boarer's sight yet still collide with him just seconds later.

"The Crown say that although the bike was capable of such a speed, other factors such as the road lay-out and the amount of damage to the vehicles make this unfeasible."

Even at a speed of 70mph, added Mr Yale, the Ducati would have been visible for three seconds.

"It is the Crown's case that it was Boarer's responsibility to emerge safely onto the road, avoiding other traffic which had right of way. If he had emerged out, properly checked and progressed safely once he had ensured the road was clear, no collision would have occurred."

Boarer denies causing death by careless driving.

The trial continues.

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