Benedict Bryant found guilty of dangerous driving causing the death of Jai Kalani Wright

A NSW Police officer charged over a fatal collision that killed an Indigenous teenager has been found guilty.

Warning: Aboriginal and Torres Strait Islander readers are advised that this story contains the image of a person who has died.

Benedict Bryant pleaded not guilty to dangerous driving occasioning death over the crash in inner Sydney in February 2022.

Sixteen-year-old Jai Kalani Wright died in hospital after suffering serious head injuries when the motorbike he was riding collided with an unmarked police car in Alexandria.

Police said the bike was stolen along with a car, both of which had been spotted by officers nearby before the incident.

The NSW coroner was investigating Jai's death as a death in custody because an officer was seeking to detain him at the time of the fatal crash.

Judge Jane Culver said the main issue was whether the prosecution could prove beyond a reasonable doubt that Bryant drove in a dangerous manner and that it caused Jai's death.

The Crown argued the cause of the collision was Bryant's decision to establish a roadblock that made it impossible for Jai to manoeuvre around it.

Crown prosecutor Phillip Strickland, SC, said during his closing submissions that because Bryant had received a directive not to pursue the bike, it should have alerted the sergeant that any attempt to block Jai with his car "created a risk" that Jai would ride in a dangerous manner to avoid apprehension.

"The accused had relevant information that would allow him to conclude that the rider of the trail bike would go to considerable lengths to avoid capture," Mr Strickland said.

"The fact that the accused knew about that directive … should have acted to him as a specific warning."

The prosecutor said as an experienced police officer of more than 22 years, Bryant ought to have known the rider would not stop.

Judge Culver told the court she agreed with the Crown's arguments, saying that all the reasons proved beyond a reasonable doubt that "the accused was driving the motor vehicle in a manner dangerous to another person or persons."

"The accused so seriously failed to properly manage the vehicle that he created a real danger," she said.

'This should be the outcome'

Speaking after the verdict was handed down, Jai's father, Lachlan Wright, told reporters he knew "from the day of the accident this should be the outcome".

"From that first day we were told by a senior police officer that this happened, that a car pulled in front of Jai and caused the collision," he said.

"After that, we had to put up with police investigating police, and this not being pursued by the DPP. We had to put up with going to a coronial inquest."

Mr Wright said what occurred on the street in Alexandria almost three years ago "shouldn't happen".

"But we're clear as a family, as a community that, you know, things like this shouldn't, shouldn't happen.

"And if things can change in the future in regards to relationships between Aboriginal people in this country and, the police force, maybe this won't happen again."

In a statement, the Aboriginal Legal Service (ALS) said Friday's verdict could be the first time a police officer had been convicted over an Indigenous death in custody in NSW.

"It is rare for police officers to face criminal charges when they are involved in the death of a community member and even rarer for a court to return a guilty verdict," ALS principal legal officer Nadine Miles said.

"We are not aware of a previous instance where a police officer has been held criminally responsible for the death of an Aboriginal person in custody or in a police operation in NSW."

Judge finds Bryant had no defence

The prosecutor said as an experienced police officer of more than 22 years, Bryant ought to have known the rider would not stop.

In an interview Bryant had with police following the crash, he said when he heard the report of the stolen vehicles, he believed the suspects would abandon them at a known dumping site for stolen cars and began to head there.

Bryant said as he was on his way to the dumping site in Waterloo when he heard the broadcast message to not pursue an incoming trail bike.

He said he then saw another vehicle, later identified as another police car, and within a second saw a trail bike approaching the intersection.

Bryant said he misinterpreted the speed Jai was riding the bike at only 40 to 50 kilometres per hour and believed the teenager would slow down to exit the bike lane.

Bryant's lawyer, Brent Haverfield, SC, said the roadblock was instead by the other police car in front of Bryant which obstructed his vision and stopped him from being able to see how fast Jai was riding the bike.

Mr Haverfield also said Jai's riding of the trail bike was the most "significant factor" that caused the accident, and that Jai's death "was no way attributable" to Bryant's driving.

"If your honour was to find the driving into the intersection … was a manner dangerous, the act that actually occasioned, caused, the accident, was Jai driving over and entering into the intersection," he said.

"Jai's riding over the barrier is the main or the most significant factor," Mr Haverfield said.

Judge Culver disagreed with this argument by Bryant's lawyers but said that in no way did Bryant intend to cause Jai's death.

She said while it was possible Bryant made a "reasonable mistake" he could make no defence for his actions.

Detectives, officers, and expert witnesses were all called to give evidence in the case. Bryant, however, did not take the stand.

Bryant and his legal team were heckled with cries of “justice for Jai” as they left the courthouse.

Speaking to reporters, Bryant’s lawyer Paul McGirr said the police officer would appeal the verdict and that it was “a long way from over”.

“I’m very shocked at the decision,” he said.

“I don’t think it will come as any surprise that once we’ve read the judgment in its entirety there will be an appeal. 

“A number of families, the police family and the young person’s family are all hurting from this incident that could have been avoided if everyone was at home and in bed like they should have been.

“It’s a bigger problem in the community and with respect to youth out on the streets doing things they should not do.”