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Biker died after crash with 88-year-old driver, inquest hears

A father-of-four died after a car driven by an elderly driver with dementia collided with his motorbike, causing him to lose control of his machine, an inquest heard.

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Garathan Marsh

Garathan Marsh, aged 27, was thrown from his bike into the path of an oncoming motorist who was unable to avoid hitting him.

The victim was treated by paramedics at the scene but died later in hospital of multiple injuries.

Following the accident on Lower Rushall Street, Walsall, people poured out of a nearby pub to help and recognised the driver of the Ford Fiesta, the first car to hit Mr Marsh, as 88-year-old William Hems, who was an occasional customer.

But when he was interviewed by police the following day, he had no recollection of the crash and said the police had stolen his car, Pc Katrina Hall told the inquest.

He was initially charged with causing death by dangerous driving but proceedings against him were dropped last month after he was seen by a specialist and it was decided he was unfit to plead or stand trial.

Mr Marsh’s family did not attend the hearing in Oldbury, saying they wanted closure on the tragedy.

They told police they were satisfied not to proceed with a court case as long as Mr Hems never drove again.

The collision took place at 10.15pm on September 13 last year when the pensioner pulled out of Holtshill Lane on to the main road, Lower Rushall Street, causing Mr Marsh to clip a corner of the car, the inquest heard.

The driver of an oncoming Vauxhall Astra said he saw a motorbike travelling towards him ‘at an angle’ and had no time to react.

He called 999 for Mr Marsh and went to see whether the Fiesta driver was injured.

He described him as ‘in a state of shock and not understanding what had happened’.

William Corbett, who had been playing dominoes in The Victoria pub nearby, heard a ‘low bang’ and dashed to see if he could help.

He and others recognised the Fiesta driver as Billy Hems, he told police.

Mr Hems, of Mill Place, Coalpool, attended Walsall Magistrates Court but the case against him was discontinued based on his age, mental and physical condition and the steps his family had taken to support his decision not to drive again.

He surrendered his driving licence within days of the collision, the inquest heard.

Pc Hall said the victim did not hold a driving licence and there was no MOT, insurance or road tax on his motorbike which was also found to have false number plates.

In a tribute, his family described him as having ‘a heart of gold’.

Black Country coroner Zafar Siddique said Mr Hems was clearly in the wrong when he pulled out from a minor road on to a major road into the victim’s path.

He formally concluded that Mr Marsh, of Lime Street, Walsall, died as a result of a road traffic collision.

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