A man has gone on trial in Inverness accused of causing the death of a motorcyclist by careless driving.
Enrique Maffiote, 55, denies a charge that on July 23 2023 he drove a Mazda CX5 without due care or attention on the A82 by Glencoe, resulting in a fatal collision.
The charge alleges that Maffiote, who is from Tenerife, failed to maintain proper observations, turned right and drove into the opposing lane without first ensuring there was a safe gap to do so.
It further alleges he failed to give way to a motorcycle being driven in the opposing lane by Ross Dominick, causing a collision between the car and motorcycle that left Mr Dominick so severely injured that he died.
Jurors hear witness account
On the first day of evidence, jurors in Inverness heard from Colin Duncan – a campervan driver who did not witness the crash but saw Mr Dominick go “flying” and ran to his aid.
In evidence led by fiscal depute Niall MacDonald, Mr Duncan told the court: “I saw something out of the corner of my eye, something black just flying in the distance.”
Mr Duncan said the car in front of him made a sharp turn into a car park at which point he “slammed on the brakes”.
“Right in front of me was a Mazda,” he said adding: “There had obviously just been an accident.”
Mr Duncan said he saw a bike on the embankment.
He ran to help the stricken biker – finding him in a spot he estimated to be “maybe 90m away from the road.”
Mr Duncan said he was quickly joined by another motorcyclist named Scott.
Scott Elliot, 55, also gave evidence, telling the court he and Mr Dominick had been part of an organised ride out to Fort William that had set off from Asda in Govan at 9.30am that day.
Friend came upon the scene
The pair had become separated by traffic shortly before the collision.
Mr Elliot told the court that he too had come upon the scene but had not witnessed the collision.
He said: “I knew there had been an accident – I didn’t know what had happened.”
The witness told the court initially he had been unaware of his friend’s involvement.
Mr Ellion added: “I glanced down to notice there’s a small ditch and saw the motorbike.
“There was only one vehicle in front of me and that was Ross’s.”
Maffiote’s wife Anna Maria confirmed they had been holidaying in the Highlands with their child at the time of the incident.
Mrs Maffiote said that the family had been returning from Fort William through Glencoe with the intention of stopping “to see anything and to walk around the area”.
Speaking through an interpreter, she told the court: “We were just driving along the road.
“We had seen a place on the right-hand side that we wanted to see and wanted to stop.
“There was a parking lot, but it was full and we continued driving.
“After a short drive, Enrique saw a parking lot to the right-hand side and asked if we wanted to stop.
“I said ‘yes’ and then he reduced further the speed, indicated to turn right towards the entrance of the parking lot.”
Passenger spotted motorcycle before collision
Mrs Maffiote continued: “I heard the acceleration of a motorbike.
“I looked around to identify where the noise was coming from and I saw the motorbike taking over a caravan and then Enrique continued to turn right.
Mrs Maffiote said: “I said ‘no, no, not just now’.
“I heard a second acceleration of a motorbike and then there was a crash.”
Asked if the collision could have been avoided if her husband had stopped when she saw the motorbike coming, Mrs Maffiote said: “Perhaps, yes.”
Under cross-examination from defence solicitor Graham Mann, the witness said she was “not sure” whether her husband had already crossed into the opposing carriageway when she saw the motorcycle.
The trial, before Sheriff Matheson, continues.