Another driver escapes justice...

[downfader]

http://www.dailyecho.co.uk/news/5048625.Car_driver_cleared_of_causing_cyclist___s_death/

Walking his bike across the road on what appeared to be a red light for the driver, though witnesses all came out with different stories, the driver smashed into the guy killing him outright.

Have been following this for nearly a year and it seems another driver has been let off. The jury this time though.

 

[GrasB]

http://www.dailyecho.co.uk/news/5048625.Car_driver_cleared_of_causing_cyclist___s_death/

Walking his bike across the road on what appeared to be a red light for the driver, though witnesses all came out with different stories, the driver smashed into the guy killing him outright.

Have been following this for nearly a year and it seems another driver has been let off. The jury this time though.

Sounds awful & as though she wasn't really paying attention but the thing is though you have to be sure beyond a reasonable doubt, not I'm fairly sure that happened but not totally convinced. This is often what a defence barrister plays on. When witnesses come out with different stories it's on-nigh impossible to be convinced beyond a reasonable doubt.

 

[HLaB]

The report seems to make simple of it (if that's the right term) I'm glad the comments present a greater insight though; the court seems to have made the wrong choice there :-(

 

[downfader]

Sounds awful & as though she wasn't really paying attention but the thing is though you have to be sure beyond a reasonable doubt, not I'm fairly sure that happened but not totally convinced. This is often what a defence barrister plays on. When witnesses come out with different stories it's on-nigh impossible to be convinced beyond a reasonable doubt.

True, but so easily avoided on several levels. I've left the following comment on the page:

Firstly can I just comment on the view that "accidents happen". There are ALWAYS things we can do to stop collisions from happening, or rather being caused by us.
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Secondly I wish to offer how gutted I feel for the family of the poor man. They must have had their hearts lifted when she became charged, only for all to be dashed.
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Sadly there are a number of things that could have helped this case. One is that we could have cameras on every light to catch those running them. Then there would be unequivicol evidence (presuming the camera partnership buy decent ones, obviously).
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Secondly I feel that juries are quite motor-centric. Cyclists are still a minority in this country, so there is often little chance of empathy with those affected by situations such as this. This can load the dice as to the result of the verdict. Somehow we need to emphasise to juries how to be logical, look at the evidence and not think "what if this happened to me?"
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Regardless of the lights sequence all road users are obliged to look out for hazards. This driver still failed to do that. Reading earlier reports seem to suggest that Mr Dear had been walking the bike across the road as a pedestrian. Since there are no laws for jaywalking here in the UK, and given the tricky nature of the junction there it seems that a bridge or decent underpass could seriously help all on foot.
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I now wonder if civil action will be brought and the insurer made to pay in some way?

 

[Sheffield_Tiger]

"Ms Moore said there was nothing she could have done to avoid Mr Dear,"

Looking where you are going is not, apparently, something expected of the driver?

 

[andrew-the-tortoise]

Hope they go for a civil action.

 

[Crankarm]

Shocking decision by the jury. Perhaps the judge didn't advise them correctly on the law. A green light means proceed with caution. Amber -be prepared to stop and red to stop! She didn't and hit the pedestrian walking with his bike across the junction therefore she was not driving with sufficient care. Unbelievable.

How many people on that jury were drivers and how many had used that junction as the case was heard in Southampton as fas I could see? There should have been a few cyclists on the jury and then she would have been sent down. Definitely a miscarriage of justice. The driver should have at least been found guilty of causing death by careless driving. Anyway most recruitment consultants are pushy air head feckers so she was probably flooring it through the lights.

 

[beastie]

Shocking decision by the jury. Perhaps the judge didn't advise them correctly on the law. A green light means proceed with caution. Amber -be prepared to stop and red to stop! She didn't and hit the pedestrian walking with his bike across the junction therefore she was not driving with sufficient care. Unbelievable.

How many people on that jury were drivers and how many had used that junction as the case was heard in Southampton as fas I could see? There should have been a few cyclists on the jury and then she would have been sent down. Definitely a miscarriage of justice. The driver should have at least been found guilty of causing death by careless driving. Anyway most recruitment consultants are pushy air head feckers so she was probably flooring it through the lights.

Were you in court to see and hear all the evidence Crankarm? I don't know if it was the drivers fault or not, but I know that I don't know enough about the case to make an informed decision based on reports from the media.

 

[Crankarm]

Were you in court to see and hear all the evidence Crankarm? I don't know if it was the drivers fault or not, but I know that I don't know enough about the case to make an informed decision based on reports from the media.

I know enough as a driver that if I am approaching traffic lights I take caution, I don't look behind, I keep a proper look out. Even if green and some one was crossing I would stop, but that's just me. If it were amber I would stop as well neither do I race to try to beat traffic lights even when cycling. Of course being in the Penrith area Beastie you're probably not familiar with the urban rat race .

 

[beastie]

I know enough as a driver that if I am approaching traffic lights I take caution, I don't look behind, I keep a proper look out. Even if green and some one was crossing I would stop, but that's just me. If it were amber I would stop as well neither do I race to try to beat traffic lights even when cycling. Of course being in the Penrith area Beastie you're probably not familiar with the urban rat race .

Aye but you better watch out for the sheep on t' road

 

[GrasB]

Were you in court to see and hear all the evidence Crankarm? I don't know if it was the drivers fault or not, but I know that I don't know enough about the case to make an informed decision based on reports from the media.

+1 Having been in the jury on a case similar to this I know that the reported 'evidence' in the papers was not representative of what the evidence presented in court. You also have to remember the requirement for a conviction is "beyond reasonable doubt", with multiple witnesses giving conflicting accounts this becomes very hard.

 

[downfader]

+1 Having been in the jury on a case similar to this I know that the reported 'evidence' in the papers was not representative of what the evidence presented in court. You also have to remember the requirement for a conviction is "beyond reasonable doubt", with multiple witnesses giving conflicting accounts this becomes very hard.

True.

And having been a juror myself I know the weight of responsibilty to analyse all the evidence and testimony.

 

[kevin_cambs_uk]

Where I live, a driver killed a guy on the A1 doing a time trial. She got 2 years in prison.

Strange system of law enforcement in this country .........