Bike rider Clive Pinnock performed ‘wheelie’ before fatal crash but was ‘there to be seen’ by driver, jury told
A motorbike rider who died after a collision with a BMW in east Manchester had 'pulled a wheelie' beforehand but was 'without a shadow of a doubt there to be seen' jurors have been told.
Daniel Masiulis, 38, who was behind the wheel of the BMW 520d, is charged with causing the death of 38-year-old bike rider Clive Pinnock by careless driving whilst over the drink-drive limit following the crash on Hyde Road in Gorton. He denies the charges and is standing trial at Bolton Crown Court.
The jury have previously heard how Mr Masiulis was driving along the A57 in the direction of Manchester city centre at around 5.15pm on April 8, 2020, when he attempted to turn into a car park access road to the car park of the Tesco Extra store.
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Mr Pinnock was travelling in the opposite direction on a green and blue Kawasaki Ninja ZX-10R bike and as Mr Masiulis turned, Mr Pinnock hit the vehicle at 'high speed' and was thrown into the air off his bike the court has been told.
He suffered traumatic brain injuries and a broken neck and pelvis. He was taken to hospital but despite surgery, he did not recover and was pronounced dead at 9:20pm that evening.
Daniel Masiulis, (Image: MEN/Facebook)
Mr Masiulis initially got out of his car and went to Mr Pinnock, however, CCTV then showed him jogging away from the scene, with other bystanders going to Mr Pinnock's side the court heard.
Mr Masiulis then went to a shop in nearby Abbey Hey and bought some vodka and Coca-Cola before ringing police at 5:30pm from Compstall Grove.
A blood test showed he had 129mg of alcohol, in 100ml of blood, the legal limit being 80. However, Mr Masiulis claims he drank 31cl of vodka after the collision and before the test, the court has been told.
The second day of his trial on Tuesday (July, 18) heard from two specialist collision investigators. Police Sergeant Adrian Pye from Greater Manchester Police (GMP) told the court that from footage from a camera at the Metro Stores 230 metres away from the collision scene it had been estimated that at that point Mr Pinnock was travelling at 'at least' 47mph on the road which has a 30mph speed limit.
(Image: Facebook/Instagram)
And by calculating the distance Mr Pinnock was thrown during the collision, he said he had estimated his bike was travelling at between 38mph and 46mph at the point of impact.
He also said footage from a camera at the Tesco Petrol station showed the BMW was travelling at an average speed of 37mph but then went out of view 'for some distance' and this speed had slowed down to an estimated 26.8mph as he approached the junction in the dedicated right-hand lane. He added there was no available evidence of Mr Masiulis indicator being on.
"It's not clear enough to say exactly what speed it was doing at the point of impact," he said. Another independent investigator, instructed by the defence, Stephen Green, said he estimated from the damage to the the bike that Mr Pinnock was travelling 'at or about' 60mph the court was told.
However, Mr Pye said 'I don't think you can rely on 60mph' as 'to use the damage to suggest a certain speed is extremely difficult.'
Tributes at the scene following the collision (Image: MEN Media)
He said it was 'certainly a high-speed impact' and that the damage to Mr Pinnock's 998cc 'high-performance sports bike' was consistent with that, as it was 'pretty much destroyed.'
Opening the case on Monday the prosecution said that 'it is not disputed that the driving of the motorbike at high speeds contributed to the collision.'
However, prosecutor David Lees said that a driver driving in a 'careful and competent manner' would have seen the other vehicle in time and 'avoided a collision.'
"It's quite clear Mr Masiulis, for whatever reason, has not seen the motorbike' before beginning his right-hand turn on the road, where traffic travelling from Mr Pinnock's direction, had right of way, Mr Pye said.
He told jurors that from Mr Masiulis vantage point in the outside of the two westbound lanes, there were 'some minor obstructions caused by street furniture' but that there were no 'major obstructions.' "It's a big bike, with a rider, there should be a view of the approaching motorcycle" he said.
The trial is being heard at Bolton Crown Court (Image: MEN Media)
He went on to say that he believed there should have been 'sufficient distance' between the bike and the traffic behind it for it to 'stand out.' However, he agreed with Mr Lees that once Mr Masiulis commenced the manoeuvre the collision was 'inevitable' and there was 'nothing either party could have done.'
Mr Pye said footage captured by a camera at the Metro Stores approximately 230 metres away from the collision scene showed Mr Pinnock 'pulling a wheelie.' "There's no definitive evidence beyond that of him doing it again," he said, but later added under cross-examination that it was 'possible' there was more than one. Mr Green said witnessed evidence suggested Mr Pinnock performed 'at least one, maybe two, possibly three wheelies.'
Mr Pye said 'pulling a wheelie might be unexpected for a lot of drivers' as 'it might not be as obvious to see the headlight' but that there was ' no indication of whether it was illuminated or not.'
"The bike 'should be visible, even though its on its back wheel" he said, adding that the bike would have never have been more than one to two feet off the ground. "I don't think the bike would ever be in a position where the driver would be looking at the underside. It would never get that high off the floor" he said
Richard Dawson, defending said to Mr Pye: "I am going to suggest that Mr Masiulis may well have carried out proper observations required of him as a competent and careful driver and may have simply have missed the motorbike because of the manner and and style in which it was being driven."
Mr Pye replied: "He may have missed the motorbike, but in my opinion in the few seconds prior to turning the motorbike would have been able to be seen. I can see nothing in the footage that makes me change my opinion on that. I think the motorbike without a shadow of a doubt is there to be seen."
Adding: "When he turned right the motorbike was that close I don't see why it wouldn't have been able to be seen, no matter what speed it was travelling."
However Mr Green said: "In simple terms, what was the expectancy of the driver? Being in a location, the A57 Hyde Road in a busy part of Manchester, to expect a motorbike travelling about 60mph at that time of day. I don't think it would be reasonable for a careful or competent driver to expect to see that at that particular location, travelling at such speed." He added a bike performing a wheelie 'may not look like a motorbike' in the perception of a driver.
"I take issue with the phrasing 'there to be seen' he said. Just because something is there to be seen, doesn't mean you see it. In order to respond to something you recognise it."
Mr Masiulis, of Baguley Street, Droylsden, denies causing death by careless driving and causing death by careless driving while over the proscribed limit.
The trial, expected to last around a week, continues.
Proceeding.
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