A motorcyclist who evaded police last year has narrowly avoided a criminal conviction.
Bainous Dumbuya, 25, faced Parramatta Local Court on Wednesday, May 3, charged with ‘owner not disclose identity of driver or passenger’.
Police were conducting stationary speed enforcement duties on Woodville Road, just before 11.30pm on December 11, 2022, when they noticed a motorcycle travelling at a speed around 90 kilometres per hour and continuing to harshly accelerate.
According to a lengthy set of facts tendered to the court, a three second speed check showed that the motorcycle’s speed rapidly increased to 116 kilometres per hour, and reached no less than 130 kilometres per hour.
Once police activated their warning lights and proceeded after the motorcycle, Dumbuya began to travel along the footpath where he came to a brief stop before accelerating and returning to the road.
The pursuit was terminated in a heavy residential area after the motorcycle reached excessive speeds, veered onto the wrong side of the road, crossed double unbroken dividing lines and overtook another vehicle.
According to court documents, police attended Dumbuya’s home several times, in an attempt to identify the rider, but nobody was home.
On December 17, 2022, police acted on information they received suggesting the accused may be attending a sporting event in Rooty Hill, and subsequently attended the event.
That evening, Dumbuya arrived at the complex on his motorcycle.
Court documents state that the officers approached the accused and took interim possession of his motorcycle key, fearing he may make another attempt to evade police.
When asked to disclose the identity of the rider at the time of the pursuit he said, “I don’t recall any police pursuit… I was at my girlfriend’s place”.
When questioned further he told police, “I don’t know… I wasn’t riding… I’ve even got the contact [information] of the place I was at… I was there the whole week”.
He continued to insist that he was not involved in the pursuit.
On Wednesday, Dumbuya’s lawyer told the court that his client “was born in Syria during the war”.
“He was caught up in the conflict there… and hasn’t seen his mother since he was a child,” he said.
In his submissions, he also told Magistrate Kate Thompson that Dumbuya has completed the Traffic Offenders Program.
Despite this, the prosecution requested that a criminal conviction be recorded.
In sentencing, Magistrate Thompson noted that Dumbuya has not been before the court for any other matters of dishonesty.
“I accept that he is a motivated member of the community,” she said.
Dumbuya was found guilty of the single offence and given a 12 month Conditional Release Order without conviction.
Formerly with the ABC, Makayla is a graduate of Western Sydney University. She covers a variety of news topics for Parra News.