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Inquest witness refuses to answer questions

Maurice Junior Harvey entered the witness stand for the final time in the inquest of Patro (Tony) Ford who died on May 23, 1996 after a two-cycle collision near Shelly Bay a few days earlier.

questions in Magistrates' Court yesterday.

Maurice Junior Harvey entered the witness stand for the final time in the inquest of Patro (Tony) Ford who died on May 23, 1996 after a two-cycle collision near Shelly Bay a few days earlier.

The inquiry was adjourned on Tuesday when Mr. Harvey requested legal counsel.

Mr. Harvey has been identified as the second rider in the accident, but has been unable to provide a clear picture of the events of the fatal crash.

His testimony repeatedly contradicted those of other witnesses and the information within his own statement to Police.

And on numerous occasions he said he was unable to recall the events on the night of the accident.

Yesterday, arguments between Police prosecutor Donald Grant, Mr. Harvey's lawyer Mark Pettingill and Darcy Lord, who represents the Ford family, took up most of the morning session.

At issue was whether or not Mr. Harvey could legally decline to answer questions which might incriminate himself.

Mr. Pettingill acknowledged he was "entering into the fray'' late in the proceedings. But he argued Mr. Harvey should be granted the right to decline further questions.

And he said Mr. Harvey could not answer questions selectively because those which went unanswered would lead to an "adverse inference''.

But Coroner Arthur Hodgson said the witness had been "very circumspect'' during the inquest.

He also admitted he was "having difficulty'' with Mr. Harvey's assertion that he had forgotten key points.

But he ruled Mr. Harvey had the right to respond only to questions which were "well clear of incrimination or adverse inference''.

Sgt. Grant then repeated the last question from Tuesday's session. He asked Mr. Harvey if he had remained at the scene of a separate road traffic accident now under Police investigation.

"On the advice of my attorney, I decline to answer that question,'' said Mr.

Harvey.

And as he left the court room he gave an open-ended apology to Mr. Ford's family members and the Coroner.

"I'd like to apologise to the court, your Honour,'' said Mr. Harvey. "I'm sorry for everything.'' P.c. Ferdinand Thorne, a road traffic accident investigator, also testified yesterday.

Based on damage to Mr. Ford's RC 100 cycle and the physical road evidence, the accident was clearly a head on collision between two cycles, explained P.c.

Thorne.

But he said he could not determine exactly where the collision took place.

Nor could he offer an explanation for why Mr. Ford's cycle was far more damaged than Mr. Harvey's, or why Mr. Harvey was able to walk away from the accident.

The inquest continues today.