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Man accused of death crash claims he swerved to avoid car

A 32-year-old man accused of causing the death of a teenager in a road accident told a jury yesterday that he had to swerve to avoid a car when he collided with the 19-year-old.

Sergio Pacheco, of Pembroke, denies causing Machai Campbell's death by driving a motorcycle in a dangerous manner on December 30, 2008, on Cavendish Heights Road.

Richard Horseman, the defendant's lawyer, has argued that Pacheco was forced on to the wrong side of the road because he was swerving to avoid a silver car that pulled out of Hibiscus Lane. However the driver of the car denied that he had caused the collision.

Yesterday Pacheco, who is Azorian, took the stand at the Supreme Court and through a translator said: "I had to swerve to avoid the car that pulled out in front of me.

"I do not know the speed I was going but the speed did not cause the accident. I was giving my full attention to the road. Had I not been, I would not have been able to swerve to avoid the car."

Pacheco told the jury that as he swerved to avoid the car Mr. Campbell was attempting to overtake a taxi, which is when the two collided.

Yesterday the court also heard that a Police investigation found that Pacheco was on the wrong side of the road when he collided with Mr. Campbell.

Sergeant Paul Simons took the stand as an expert on road collisions and told the Supreme Court jury that he had scrutinised the collision scene and made detailed markings of debris where the bikes landed and markings on the road in order to ascertain what had happened.

Crown counsel Nicole Smith asked Sgt. Simons if Mr. Campbell had been on the correct side of the road when the collision happened.

"The only indication that I have of [Mr. Campbell's bike] being in the westbound lane is when it went across the centre line, from scrapings we found on the road," he said. He told Pusine Judge Charles Etta Simmons that the markings had been made after the two bikes collided.

"I attribute this collision to have been the result of [Pacheco's bike] being on the incorrect side of the road," he said.

Earlier in the trial the court heard Pacheco was driving fast and had overtaken a bike and was attempting to overtake a car when the collision happened, according to witnesses who took the stand on Friday.

The two bikes attempted to avoid each other but both swerved towards the centre line and collided.

The trial continues.