Driver broke down after learning motorcyclist had died, court told

Young driver collapsed in distress after police informed him that a motorcyclist involved in a collision with his car had died, a court heard during criminal proceedings on Monday

Tenyo Kosev (top) died after allegedly being hit by Matthias Laus (bottom) who was driving a BMW
Tenyo Kosev (top) died after allegedly being hit by Matthias Laus (bottom) who was driving a BMW

A young driver collapsed in distress after police informed him that a motorcyclist involved in a collision with his car had died, a court heard during criminal proceedings on Monday.

Twenty-three-year-old Matthias Laus, from St Paul's Bay, pleaded not guilty to charges related to the death of 27-year-old Bulgarian national Tenjo Kosev, who was fatally injured in a traffic collision in Pembroke last year.

The accident took place at around 1am on 26 July along Triq Sant'Andrija. Kosev was riding a Honda motorcycle towards Paola after leaving a gym session when the collision occurred with a BMW being driven by Laus.

Testifying before the court, police inspector Nathan Bugeja explained that weather conditions were favourable and the road surface was dry at the time of the incident.

Investigators established that the motorcycle had been travelling downhill from the direction of the Luxol Grounds towards St Julian's.

Evidence gathered at the scene included a brake mark measuring approximately 8.7m leading to the impact point, suggesting Kosev attempted to stop before the collision.

Police also identified braking marks left by the BMW, which had been crossing from Triq Sant'Andrija into Triq Prof Walter Ganado. The vehicle eventually came to rest some distance away from the impact site.

The court heard that traffic signs prohibiting a right turn, together with protective bollards, were present in the area where the BMW had turned.

Investigators concluded following the collision, the motorcyclist was thrown from the motorcycle, struck the vehicle's windscreen and landed against a nearby fence.

Bodycam footage recorded shortly after the incident was presented in court. In the footage, Laus acknowledged that he had been driving the BMW and told officers he was suffering from severe shock.

After being informed of his rights, he declined legal assistance and signed the relevant documentation.

A breathalyser test carried out at the scene returned a negative result.

Inspector Bugeja testified that Laus told police he had spent time with a friend at McDonald's before the collision.

At one stage, Laus asked officers about the condition of the motorcyclist. When informed that Kosev had not survived, he fell to the ground and repeatedly cried out for his mother.

The following day, while receiving medical treatment at Mater Dei Hospital, Laus was again informed of his legal rights and once more declined legal assistance. He later agreed to provide a urine sample for analysis.

Although alcohol was detected in the sample, scientific expert Godwin Sammut concluded that the findings were consistent with alcohol having been consumed between one and three days before the accident. The expert stated there was no indication that Laus had been under the influence while driving, noting that the breathalyser test conducted shortly after the collision recorded no alcohol.

The court was also informed that CCTV footage from a nearby petrol station captured the movements of both vehicles before the impact, showing the motorcycle travelling downhill while the BMW was in the process of turning.

A motorist from Nepal who witnessed the incident also testified. He told the court he had been driving towards St Julian's and had just proceeded through traffic lights near the Luxol Grounds when a motorcycle passed him.

Moments later, he heard a loud impact and saw the aftermath of the collision involving a white BMW and a sports motorcycle.

The compilation of evidence continues before Magistrate Donatella Frendo Dimech.

The prosecution is being led by lawyers from the Attorney General's Office together with Police Inspector Nathan Bugeja.

Lawyer Veronique Dalli is appearing on behalf of the victim's family, while lawyers Vincienne Vella and Herman Mula are representing the accused.