Tragic Night on Wyee Roads
A night out at a Central Coast club in February 2022 ended in tragedy when two men left on a single motorbike. Todd Heiler, 32, lost his life, while Timothy James Gillmer, now 36, survived with serious injuries. The Kawasaki ZX-14 veered onto the wrong side of Government Road at Wyee, skidded 60 metres, and crashed into bushland near Ruttleys Road.
The Central Question at Trial
Now, nearly four years later, a Newcastle District Court jury faces one critical question: who was the rider and who was the passenger? Timothy Gillmer has pleaded not guilty to aggravated dangerous driving occasioning death. He denies operating the motorcycle during the crash.
Crown prosecutor Andrew Lynch told the court that expert evidence would show Mr Gillmer was the rider. This evidence includes analysis of the single skid mark, specific damage to the motorcycle, and the nature of both men's injuries. Mr Lynch explained that one expert would testify that during the skid, a 'high-sided incident' occurred, catapulting the passenger from the bike while the rider remained onboard until impact with a tree.
However, the defence will present its own expert witness who has reached the opposite conclusion, asserting that the evidence indicates Mr Gillmer was the pillion passenger.
The Night of the Crash
The court heard that both men had been drinking at their local club before getting onto Mr Gillmer's powerful Kawasaki motorbike. At approximately 11:34 pm, a CCTV camera captured the bike heading towards the T-intersection at Wyee. Both men wore full-face helmets, making identification impossible from the footage.
The motorcycle was travelling 'at speed' along Government Road when it crossed into the oncoming lane. The rider applied the brake, leaving a 60-metre skid mark, but failed to negotiate the turn, continuing straight through the intersection into dense scrub.
After hitting several trees, Mr Heiler was thrown from the motorcycle and suffered fatal injuries. Mr Gillmer, though seriously hurt with pelvic and rib injuries, managed to crawl back to the roadway and call for help. Passersby and residents came to their aid and contacted emergency services.
Mr Gillmer later recorded a blood alcohol reading of 0.167. A pharmacologist is expected to testify that this level would have 'very substantially impaired' his driving ability, assuming he was the rider.
The trial before Judge Tim Gartelmann, SC continues and is expected to hear from crash experts, witnesses, and responding police and paramedics as it seeks to resolve this fatal mystery.
