Thomas Erich Zinner, 34, pleaded not guilty to a charge of negligent driving occasioning death, while another charge of causing bodily harm by misconduct was withdrawn by the prosecution.

Mr Zinner came back to Australia for the court sitting before Nowra Magistrate Dr Gabriel Fleming, while his wife Sabrina, who has not long given birth to twins, gave evidence via video link.

Court documents stated at 5.40pm on December 29 last year Mr Zimmer was driving a white Nissan X-Trail north on the Princes Highway at Basin View with his 31-year-old wife.

Police said the German tourist, who was staying at the Springs Resort at Worrigee at the time, attempted to make a right hand turn into The Wool Road from the Princes Highway and collided with a southbound motorbike ridden by Graham Dray.

Mr Dray, whose wife Rowena, 43, was a pillion, collided heavily with the front passenger door and guard of the car.

The couple were thrown from the motorbike, with Mr Dray colliding with the A pillar and roof edge above the front passenger’s door before falling to the ground.

Mr Dray died at the scene.

Mrs Dray suffered soft tissue damage and was taken to Shoalhaven District Hospital, while Mr and Mrs Zinner were also taken to hospital and treated for shock.

The court was told Mrs Dray couldn’t recall the accident and couldn’t give any evidence regarding the incident.

The defence submission cited the time of the accident, the positioning of the sun and shadowing of the road from the eucalypt forest on each side of the highway and the fact the intersection was on a slight plateau or rise in the road.

After hearing the evidence, Magistrate Fleming dismissed the charge.