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Coroner rules road accident victim died by misadventure

Coroner Edward King has ruled that a Pembroke man died by misadventure when he rode his cycle off a 20ft embankment after drinking.

Mr. King said Larry Elsworth Burgess, 41, was almost three times the legal limit for impaired driving -- a "major factor'' in his death on the night of March 11, 1997.

He added: "Remember Mr. Burgess' buddies talked about them drinking all day.

His impairment must, therefore ,be considered a major factor.'' "This was not intentional and not an accident,'' he said, explaining that an accident is something that could not be avoided.

Mr. King extended his and the court's sympathy to Mr. Burgess' family.

He heard yesterday from the investigating officer, Andrew Thomas, who said he arrived at the scene at 7.40 p.m., shortly after the incident.

P.c. Thomas, a motorcycle officer, said he found Mr. Burgess lying in the back yard of a private home on Glenwood Park Crescent, Warwick.

He noted Mr. Burgess was in a semi-crouched position with an extensively damaged Yamaha V80 cycle next to him and his helmet some distance away.

P.c. Thomas noted a strong smell of alcohol, got no response from Mr. Burgess and left him in place until help arrived.

P.c. Thomas said after an investigation -- and an autopsy which found the alcohol and a trace amount of cocaine -- he had concluded there were no other vehicles involved and the alcohol contributed to his death.

"Having attended the road traffic accident shortly after it happened,'' P.c.

Thomas said, "I can say there was very poor lighting in the area of 15 Glenwood Drive.'' He recommended lighting, guardrail, and a sign for motorists warning them of the embankment.

On Thursday Mr. King heard Mr. Burgess had been drinking with Maxwell Brangman and then suggested the pair go for a bike ride.

But Mr. Brangman refused, telling the inquest he realised he and Mr. Burgess were drunk.

Mr. Burgess then drove to the home of another friend, Terri Castle, who said that he was in a "jovial'' mood.

She told the inquest how Mr. Burgess had left her house to get cigarettes and a few minutes later she heard a loud crash. She then discovered Mr. Burgess' unconscious body and cycle on her patio.

A Police investigator told the inquest how the cycle had an almost bald rear tyre and suggested Mr. Burgess had lost control of the vehicle while trying to negotiate a sharp right hand bend.

Mr. Burgess shot over the edge of the embankment and landed head first on Ms Castle's patio.