Yorkshire Post

Overtaking motorist ‘failed to see motorbiker’

- Grace Newton NEWS CORRESPOND­ENT

A PERSONAL trainer killed a motorcycli­st on a Yorkshire road when he pulled out to overtake another car,acourthear­d.

Richard Thomson, 69, died when the side of Oliver Varey’s Suzuki Swift struck his Kawasaki bike on Malton Road during the August Bank Holiday weekend of 2021, York Crown Court heard.

Varey, 27, denies causing engineer Mr Thomson’s death by driving without due care and attention.

Opening his case for the prosecutio­n, Andrew Espley said that Varey was part of a short queue of traffic when he pulled out to overtake a single car. However, at the same time Mr Thomson, who was behind him, was approachin­g, having already decided to overtake the entire line of vehicles.

Varey claims he checked in his rear view mirrors, but the prosecutio­n said he “did not think that the bike would be on him as quickly as it was”. Their case rests on the responsibi­lity of a careful and competentd­river,whichrequi­resthem to check behind their vehicle before overtaking. Mr Espley claimed thatthisst­andardwasn­otmetas “Mr Varey should have known Mr Thomson was there and how fast he was going”.

Mr Espley said Mr Thomson had travelled to Malton with his wife Jan from their home in Essex, planning to attend an annual meet for owners of Kawasaki ZZR1400 bikes. Although around 35 riders took part in the meet, Mr Thomson was at the head of a smaller group of five friends who set off together from John Warrington Motorcycle­s. He owned his own engineerin­g business and the Kawasaki was describeda­shis“toy”whichhereg­ularly worked on.

The collision happened between Marton and Great Edstone and the other motorcycli­sts in his convoy are expected to give evidence.

Varey, of Mallard Drive in Malton, is a personal trainer who also works at Derwent Swim and Fitness Centre. In 2023, he received an award at the Ryedale Sports Awards for his charity fundraisin­g which included running marathons. He was returning to Malton from a football match at Kirkbymoor­side FC at the time of the collision and was still wearing football kit when arrested.

Mr Thomson’s fellow bikers said that he was asked to lead the group because he was experience­d. The prosecutio­n said it was accepted by experts commission­ed by both the Crown and the defence that the five riders had been travelling at above the 60mph speed limit, but it could not be agreed by how much.

One, Brian Howse, said Varey “suddenly” pulled out while Mr Thomson was level with his car, but that he did not brake and instead the Swift pushed the motorcycle into the grass verge. Varey continued for half a mile without stopping before Mr Howse caught upwithhim,andlatersa­idhehad been looking for a safe place to pull over. However, the prosecutio­n argue that he more likely panicked.

A van driver who was travelling behind Varey, David Daniels, saidhehadc­hosennotto­overtake when he could see four bikes in his mirrors, though Varey’s girlfriend, who was driving her own car with the van between them after watching his match, said that Mr Thomson was going faster than the other motorcycli­sts.

The trial continues.

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