Police officer guilty of driving without due care

A police officer who ran over a teenage motorbike rider has been found guilty of aggravated driving without due care.

Matthew Lumsden, 50, was on patrol in Parafield Gardens on the evening of May 21, 2017 when he crashed into apprentice mechanic Ben Wormwell.

On Tuesday, Magistrate Susan O'Connor found Lumsden guilty of two counts of driving without due care in the incident, which left Mr Wormwell with a broken pelvis, leg, collarbone, hand and internal bleeding.

During a trial in January in the Elizabeth Magistrates Court, Ms O'Connor heard that Lumsden had been responding to a complaint of motorcyclists in the area when he confronted Mr Wormwell and his friend Brodie Mewett-Sweet on McCartney St.

Lumsden, in a marked police car, faced Mr Wormwell when the car started to roll forward.

The Senior Constable told the court he had forgotten to put the vehicle in park or use the handbrake before trying to get out of the car.

He said that as he tried to hit the brake, he accidentally floored the accelerator and ran over Mr Wormwell and his Honda CBR 250.

Police officer Matthew Lumsden. Picture: AAP / Mike Burton
Police officer Matthew Lumsden. Picture: AAP / Mike Burton

Mr Mewett-Sweet, who witnessed the crash, told the court he had seen the police car move quickly before it ran over Mr Wormwell.

Lumsden's body camera was not activated during the incident but captured the aftermath of the crash.

During the trial Mr Wormwell said the patrol car sped towards him as he reversed from a friend's driveway on McCartney St about 8.30pm.

"I was confused," he told the court.

"I put my hands up, 'sorry, I don't know what I've done'."

Mr Wormwell told the court he couldn't see the defendant because of the car's bright headlights, but said he could hear the officer tell him "don't you f****** move" in an aggressive manner.

"I heard the engine rev and I saw the car coming closer at a very fast pace and then the car hits the front of the bike and I'm stuck with the bike," he said.

"(The car went) over the top of me and spat the bike out."

Lumsden faces a maximum penalty of 12 months in prison for the offence of aggravated driving without due care.

 

Apprentice mechanic Ben Wormwell. Picture: AAP / Mike Burton
Apprentice mechanic Ben Wormwell. Picture: AAP / Mike Burton