Senior Constable Terrence John Payne is contesting three charges against him over the alleged incident on Boggabilla Rd, near the Newell Highway, Moree, while he was on duty on September 9 last year.

During yesterday’s hearing in Moree Local Court, DPP solicitor Andrew Wright said the crown’s case was Payne had no authority for a pursuit of a motorbike rider.

The court heard police had broadcast alerts about a motorcyclist speeding with no lights on which was later identified by three officers in Moree patrol car 34.

The officers told investigators they elected not to pursue the rider, who refused to get off the bike, appeared intoxicated, was not wearing a helmet and had no lights on.

Prosecutors allege Payne, who was behind the wheel of Moree patrol car 16, located the motorcyclist just before 9pm before he allegedly pursued him and rear-ended him.

The court heard the rider became unstable on the bike but did not fall off and managed to escape, while the patrol car became briefly airborne after hitting a gully in the alleged pursuit.

Payne has pleaded not guilty to driving in a manner dangerous to the public, negligent driving and neglect of duty.

The court heard Payne was behind the wheel of a category four vehicle, which is prohibited from engaging in pursuits, according to the vehicle safety policy.

Constable Ryan Swilks, who was a probationary constable at the time of the alleged offences, took the stand yesterday and recalled the night in question, when he was on duty with Senior Constable Payne. 

The audio of the VKG police radio was played to the court, with Constable Swilks heard on the recording confirming they were not in pursuit and were not following. He told the court he was allegedly advised by Payne to not confirm the chase and he obeyed the direction, adding that “when you’re new, you do as you’re told by a senior officer”.

Constable Swilks said “in his opinion” they were in pursuit, because the bike was moving and they were moving right behind it.

A formal internal investigation was launched on September 17, eight days after the alleged incident, and was headed by Detective Sergeant Brent Faulkner, who took the stand yesterday.

Following the investigation, Payne was officially charged by police on February 28.

The court was told the motorcyclist had not been located since the alleged incident. 

The hearing, before Magistrate Michael O’Brien, has been adjourned to April next year, with at least two other police witnesses expected to give evidence.