Costantino Carmelo Mastrolembo: Driver guilty of leaving elderly e-bike rider for dead along Mitchell Freeway

A driver has been found guilty of leaving an elderly man for dead after hitting him with his car on Mitchell Freeway. Costantino Carmelo Mastrolembo went on trial in the WA District Court accused of failing to stop to render assistance to David John Kirby in the early hours of October 9, 2022. The 86-year-old was riding his electric bicycle along the freeway around 4.30am when he was hit by Mastrolembo. The 47-year-old supermarket manager was on his way to work at Farmer Jacks in Subiaco when he hit the much-loved grandfather from behind with his work car — a Mitsubishi ASX — in Kingsley. Mr Kirby, the court was told, was riding in the emergency lane, which had been turned into the left lane of the southbound lane of the freeway while it was undergoing roadworks. Mr Kirby, who the court was told had been advised he was showing early signs of dementia, was flung backwards into the air and hit the windscreen before landing on the ground. It was the State’s case that Mastrolembo did not stop, call triple-0 or remain at the scene and instead drove to work. Once he arrived, he then called a man who handled insurance claims for the supermarket’s parent company advising him that he hit a kangaroo on the way to work and needed to fill out a claim form, prosecutor Stuart Packham said in his opening address. The court was told that, the following day, Mastrolembo filled out a claim form reporting a kangaroo had jumped out in front of the car, causing a collision. Mastrolembo was found guilty by a jury on Monday and released on bail ahead of sentencing next month.