The family of a father-of-two killed during a police pursuit on NSW’s Central Coast has reacted angrily after a former sergeant avoided being sent to jail for his role in the fatal collision.
Matthew James Kelly, 52, was sentenced to a 12-month community corrections order on Friday afternoon after being found guilty of negligent driving occasioning death.
Jack Roberts, 28, died when his motorbike was struck by a NSW Police car during a police pursuit.
The court heard that Kelly initiated the 10km pursuit after seeing Mr Roberts’ bike without its lights on in the early hours of April 16, 2020.
Earlier this year, Kelly pleaded not guilty to manslaughter and dangerous driving occasioning death and was acquitted by a jury following a NSW District Court trial.
The following month, he was found guilty of the lesser charge of negligent driving occasioning death following a judge-alone trial before Judge Penelope Hock.
On Friday, Judge Hock said that Kelly had good prospects of rehabilitation, despite continuing to maintain that he did nothing wrong, and elected not to send him to jail.
Kelly was sentenced to a 12-month community corrections order and disqualified from driving for one year.
Outside Sydney’s Downing Centre on Friday afternoon, Mr Roberts’ family lashed the sentence as too lenient.
“There was no accountability we felt today,” Mr Roberts’ mother Cheryl said outside court.
“I think Jack’s life - we felt like it had no worth. I think there has to be changes as far as the NSW Police Force go.”
Ms Roberts said that her son was unfairly labelled a “felon and a criminal” during the two trials.
“He was going to work,” she said.
“He made some mistakes that night but also, (the offence is worth) a fine. Not a death sentence.”
In a powerful victim impact statement delivered to the court, Mr Roberts’ sister Rebecca said that his two young daughters were forced to grow up without a dad and carried a pillow with his picture.
“Two little girls, then aged two and six, no longer have a dad to celebrate birthdays, Christmases or Easter,” she said.
“They no longer have a dad to see them off on their primary school graduation, their high school graduation, watch them get married or have children and more.”
During her sentencing remarks on Friday afternoon, Judge Hock said Kelly had admitted in an interview with investigating officers that he had no authority to initiate a pursuit.
The court heard Mr Roberts’ motorbike came into contact with the front left of the police car.
Mr Roberts was thrown from the motorcycle and had to be pulled from under the police car.
“(Kelly) was aware at the time there was a possibility the rider could be injured as a result of his manner of driving, as he acknowledged in his interview,” Judge Hock said.
“He was also aware that the motorcycle was displaying no lights and the rider was wearing dark clothing and he was trying to avoid being stopped.”
Judge Hock said the vehicle was travelling at 35-40kmh when the collision occurred.
The court also heard that Kelly had been caught speeding twice since the incident.
Kelly left the NSW Police force after being charged.
ncG1vNJzZmivp6x7r7HWrGWcp51jrrZ7zZqroqeelrlwutKwZJqbpGSwsMHRrapmpJGsfKetzKKjsmWclsCpecKop6xlo5q7tbHNnJxmnp%2Bneqet05qjZqifobaksYyprKurpZ7BcLrEsKpmq6Skv7p7lHGcb2qRbYKkgpifbp9oZ2qEd4KTn2mebZRognp8wm8%3D