Jonathon Charles Murphy, 34, was riding his motorbike on the Mitchell Freeway in Perth when he was hit and killed in January 2014
A man who lost control of his car while driving and killed a motorcyclist had a seizure and has no memory of the crash, his lawyers claim.
Jonathon Charles Murphy, 34, was riding his motorbike on the Mitchell Freeway in Perth when he was killed in January 2014.
Michael Robert Donovan is accused of dangerous driving causing death, failing to report the crash and failing to stop to render assistance, dragging the victim's motorbike about 800 metres along the freeway
His lawyers told the West Australian District Court (pictured) Donovan has an undiagnosed neurological condition, which caused the seizure and lack of memory
His lawyers told the court Donovan has an undiagnosed neurological condition, which caused the seizure and lack of memory.
Other drivers stopped to help the 34-year-old, however he died shortly after he was rushed to hospital
Defence lawyer Gerard Cleveland told the West Australian District Court on Monday it was a 'tragic accident rather than a criminal act'.
Mr Cleveland said his client had a neurological condition called an 'arteriovenous malformation', which caused a seizure and made his actions involuntary
He was unconscious and unaware and therefore not driving,' Mr Cleveland said.
'He had an honest and reasonable, but mistaken, belief in his fitness to drive.'
Prosecutor David Jubb said Donovan was travelling 20km above the speed limit before he hit Mr Murphy's bike.
Mr Jubb said one witness saw Mr Murphy fly into the air as his motorcycle became jammed under the truck and sped up to about 130km/h to follow Donovan before losing sight of him.
A second witness allegedly accelerated to 120km/h to catch up to Donovan but neither he, nor his passenger, could get the driver's attention so they noted his licence plate.
Mr Jubb said another witness saw the motorcycle being 'spat out' from the ute.
Donovan was arrested at his home and later told officers 45 times during an interview that he had no memory of what happened.
The trial continues.
Read more: http://www.dailymail.co.uk/news/article-3522636/Driver-remember-Perth-crash-killed-motorcyclist.html#ixzz44rcCQcTM
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