Custom24
Über Member
- Location
- Oxfordshire
That would backfire. The cyclist himself had it spot on in his first words after being knocked offThank you. I think that any lawyer would use the mobile phone evidence in mitigation.
(this isn't verbatim)
MC: What were you doing on your phone?
Cyclist: So that's why you did it, is it?
It's pretty clear (beyond reasonable doubt) from the footage that this was deliberate. The intent may not have been to knock the cyclist off, but that's as may be.
I agree also that the police officer was wrong;
(again, not verbatim)
Police: Ah, but you were on your phone
Cyclist: Yes, but irrespective of that....
Police: I hear what you're saying, I really do...
How can she have heard what he was saying when he hadn't said anything? Unless he'd managed to say something to her while they were walking across the road together, out of shot of the camera.
If prosecuted, the MC's defence is more likely to be along the lines of the classic Shaggy defence - "it wasn't me". So that's going to come down to whether the police officer made notes at the scene or not.
Could one of the community go into the local station and ask to speak to that police office by badge number?