An Australian man is facing up to six years in jail after he was accused of causing the death of a Balinese man in a motorcycle accident in North Kuta, Bali this year.
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The Denpasar District Court heard on Monday that Joshua Ronald Terelinck was guilty of negligently driving a motorcycle in an accident that cost a man's life.
However the victim's father, Nyoman Supardika, told the court Mr Terelinck had already compensated the family 55 million rupiah (about $AUD5600) for his son's death.
"Me and my family no longer have any problem (with the defendant), we consider things as finished," he said.
Prosecutor Ni Luh Oka Ariani told the court the victim died in hospital seven days after the accident on July 9.
"The defendant neglected to notice the corner, neglected to look in the traffic mirror at the corner of the street, did not sound his horn and neglected to give way to the victim who was driving on a motorcycle straight ahead along the main street," the indictment read before the court said.
Mr Ariani said Mr Terelinck, 33, was lost at the time of the crash, which occurred at about 2am.
The indictment said he was travelling about 40-50 kilometres an hour when he crashed into the victim, who was thrown into the gutter.
Both Mr Terelinck and the victim were taken by ambulance to Badung General Hospital.
Mr Terelinck was released the next day but the victim had surgery to remove a blood clot in the brain after his condition began deteriorating. He died seven days later on July 16.
Badung traffic police officer Nyoman Gendri said the victim was still conscious immediately after the accident and told him he had been hit.
"The defendant should have stopped or slowed down to prioritise the driver on the main street. This is the first accident in the area," he said.
Mr Gendri said he didn't smell any alcohol on Mr Terelinck and he was wearing a helmet at the time of the accident. However he said Mr Terelinck did not have his driver's license, claiming he had lost it at the accident scene.
Head Judge Wayan Sukanila asked Mr Terelinck if he understood for what he was being indicted.
"Yes I understand, but the prosecutor did not provide a complete story of what happened," he said.
Mr Terelinck told the court there were street lights at the scene but they were not bright enough. "I didn't hit the victim, the victim hit me," he said.
"There was a traffic mirror but if you are coming from the north the mirror is behind you, so you can't use it to see in-coming traffic."
Mr Terelinck's lawyer, Erwin Siregar, said that after hearing the indictment, his client would not object.
However he asked the judges to take into consideration the fact that both parties had agreed not to file law suits on July 25.
Mr Siregar said he could only convey his condolences to Mr Supardika for the loss of his son.
The trial is adjourned until next week when more witnesses will testify.
