Carer Charlotte Hardwick cleared of causing death of biker Nuno Gaspar by careless driving after trial at Bournemouth Crown Court

A CARE assistant on trial over the death of a motorcyclist burst into tears and ran from the courtroom after being cleared by a jury today (Wednesday).

Nuno Gaspar was doing 60mph on the 30mph Barrack Road in Christchurch when the accident happened as motorist Charlotte Hardwick (27) turned right at a junction.

She had earlier told Bournemouth Crown Court that he had “come out of nowhere” and she had not seen him in the moments before the accident on 30th September 2022, adding: “I triple checked. I looked in all my mirrors, all around.

“It was safe to go. I would have never have turned if I saw him.”

A forensic crash investigator had previously told the jury that had Mr Gaspar, in his 40s and from Bournemouth, been travelling at the correct speed “the accident would never have happened”.

He revealed that at 30mph it would have taken the biker 4.5 seconds to get to the point of the collision and Miss Hardwick would have already crossed the road.

But at 60mph it took just 2.2 seconds, and before he overtook a car as he travelled towards Bailey Bridge roundabout, he had been between two vehicles, making it hard for Hardwick to see him.

The car driver overtaken by Mr Gaspar in the moments before the crash said he had “revved aggressively” and accelerated to high speed as he did so.

One witness to the crash said in a statement that she had commented to her husband “What an idiot!” because of the speed the motorbike was doing just before the crash.

Several witnesses also said they believed the accident had been Mr Gaspar’s fault because he “was going too fast”.

The crash between the two vehicles was so violent an off-duty policeman on the pavement was spattered with blood. Mr Gaspar, who was riding a “powerful” Kawasaki motorcycle, died at the scene of multiple injuries.

Giving evidence, Hardwick – described by colleagues and friends in statements to the court as having a “heart of gold” – wept as she told how the first she knew of the motorcycle was when it hit her: “I thought a tree had hit me, or my car tyre had exploded. I realised the air bags had gone off and that I needed to get out of the car.

“A lady came towards me and I turned around to see what had happened. I saw someone on the floor and the lady took me away and said not to look.”

Hardwick, of Christchurch Road, Bournemouth, who had denied causing death by careless driving, said she had not seen the bike approaching: “I remember making sure it was clear, safe.

“I did all the right checks and it was clear to go. He came out of nowhere.”

CCTV of the crash was shown several times during the court case. Prosecutor Ed Wylde said it showed that had Hardwick “made a last check” she would have seen the motorbike and stopped.

Summing up, he told the jury: “It is a tragic case for all concerned. Mr Gaspar was doing twice the speed limit and was a contributor to the collision. But she was also a contributor.

“We are not seeking to put all the blame on Miss Hardwick.”

But he said that she had “partly” caused it by not stopping at the dashed white line and not taking a “last look” to make sure her path was clear.

Defending, Emma Scott told the jury “We have all seen the adverts, speed kills. Mr Gaspar was going double the speed limit when there were children, pedestrians about. What might have happened if one of them had stepped out?

“He lost his life, but is that the fault of Charlotte Hardwick? It simply is not. The Highway Code says there is not a requirement to stop at that line. It says you wait for a safe gap.

“That is exactly what you may think Miss Hardwick did.”

After the jury returned their verdict Judge Robert Pawson told them: “This was a dreadful case, someone lost their life. Whatever the verdict, Miss Hardwick is going to have to live with what has happened for the rest of her life.”