The driver accused of causing a head-on road smash which led to a biker ending up with brain damage was in the wrong lane, it was claimed yesterday.

Lawyer Kieron Unwin, who is acting for New Yorker Ann Rooney, who is suing for damages which could top six figures, said defendant Dennis DeFrias had condemned himself with his own words.

Puisne Judge Norma Wade-Miller retired to consider her judgment after both sides finished putting their cases in Supreme Court yesterday.

Mr. Unwin said independent witness Ivan Trott had said the defendant was completely in the other lane heading for Ms. Rooney, who at the time of the 1995 accident was vice president of fibre-optic company Nynex's Bermuda branch. She has been unable to hold down a job since her accident.

He said the defendant, a 28-year-old lawyer from Mission Crescent, Paget, had contradicted himself on his position on Trimingham Road when the smash occurred.

Mr. Unwin said: "The defendant himself said he was furthest over to the offside when he started to overtake.

"He said `The most I was over was five feet to six feet away from the western edge.' He admitted his car was five to six feet in width and since the lane is ten feet wide, his car must, on his own admission, have been almost entirely on the wrong side of the road.

"He later tried to say he was straddling the centre line but admitted that this was inconsistent with his evidence that he was five to six feet away from the western edge.'' Mr. Unwin said the plaintiff had been riding for 11 months prior to the accident.

"She is not to be put in the category of a tourist unfamiliar with the conduct of an auxiliary cycle.'' He said witness Mr. Trott had said Mr. DeFrais was only 75 yards from the victim who was already in view when he began the overtaking manoeuvre.

"This was expressly put to the defendant as being evidence he gave in Magistrates' Court. His evidence was: `I don't remember'.

"Trott is an independent witness whereas the defendant by seeking to significantly enlarge the distance between the plaintiff and himself, is doing so in order to exonerate himself from blame.'' Earlier in the case Mr. DeFrias had said Ms. Rooney had panicked and lost control of her bike even though their two vehicles were some distance from each other when Mr. DeFrias began to overtake two auxiliary bikes.

He had said Ms. Rooney should have been just two feet from the left hand kerb.