Cyclist Jailed

[philipbh]

Dear Mr Hall,
You need to contact the BBC to get that article modified.

Also the media on the links down the RHS of the BBC page - all seem to have the same details

 

[marinyork]

Also the media on the links down the RHS of the BBC page - all seem to have the same details

Doesn't matter and if you complain to pov/bbc it probably will get modified. Anyway thankyou for bringing up the Messen case, I thought there was a second case and it was that one I was thinking of, the streets are steeper in Stenalees.

 

[SoapyWeasel]

I know that corner very well having spent 6 years cycling around it in the late 90's early 2000's and regularly witnessed cyclists hopping onto the pavement to avoid waiting at the traffic lights. (I'm not implying this is what happened in this case just that its been known!). but that said even on the road you have to go at a relatively sedate speed to handle the corner as is it is as previously described a very sharp left turn so it would be very difficult to do so cycling 'furiously' and at high speed on the pavement!

I can also see the events as described by Mr hall happening having been cut up many times on that corner in the years i had to ride it.

 

[PK99]

http://news.bbc.co.uk/1/hi/england/cornwall/7098383.stm

It seems that the whole incident has been mis reported (if we take Mr Halls version of events) - sloppy journalism perhaps ? and surely enough mitigating circumstances to avoid a jail term. Curious mention of "going like a bat out of hell" too

What is curious about quoting what an eye witness reported?

http://www.dorsetecho.co.uk/news/4543645.Death_crash_cyclist_is_jailed/

plus the court appears to have accepted that there was a collision and the defendant accepted that his behaviour had been reckless (see report)

I'm sorry, but given a choice between believing a fairly detailed local newspaper report containing reports of eyewitness testimony and the second hand view of a relative of the convicted person I know which i prefer to believe.

 

[PK99]

Here in Dorset, at the height of the holiday season, the roads are blocked or congested by volume of traffic, and serious accidents occur daily. But the media focusses exclusively on an errant cyclist.

If you follow the link to local news from the local rag report

http://www.dorsetecho.co.uk/news/localnews/4543645.Death_crash_cyclist_is_jailed/

You will see a list of most read articles:

I have highlighted 3 relevant to your "exclusively" comment

Most Read Most Comments

1. Two held over hit and run death crash
2. Death crash cyclist is jailed
3. Teenager is assaulted for his trainers
4. Wessex woe
5. Classic Jaguar restored at last.. after 20 years
6. Motorists who risk lives are facing new police crackdown
7. Town has got me hooked after 20 years says angler
8. Community shocked as brutal robbers knock pensioner to ground
9. Weymouth police break into car to rescue dogs
10. Store could lose its drink licence after second under-age selling offence

I'm a cyclist (just over 3,500 miles so far in 2009) and am well aware of the dangers presented by careless and inconsiderate drivers, but as cyclists we do ourselves no favours at all by overstating our case

 

[addictfreak]

And of theres never been any miscarriages of justice where witnesses and police evidence have been used!

 

[philipbh]

What is curious about quoting what an eye witness reported?

Err, nothing - just that both cases were strikingly similar and the outcome for the cyclist in question is strikingly different.

 

[PK99]

Err, nothing - just that both cases were strikingly similar and the outcome for the cyclist in question is strikingly different.

The cases (as reported) are in fact very different:

The cyclist in the Cornwall case was a Mr Messen for whom the court recognized mitigating circumstances

But she accepted Messen was a vulnerable man who had had a difficult childhood, attended a special school until he was 16 and had been diagnosed as having behavioural and medical problems.

 

[philipbh]

http://www.guardian.co.uk/uk/2008/jul/09/ukcrime

Here is another one - this time a £2200 fine

As mentioned before - an appeal seems likely (if only based on the outcomes of these other cases as some sort of precedent)

 

[PK99]

The eyewitness didn't see the collision - only the bit beforehand. People are notoriously bad at being able to estimate speed, particularly the speed of cyclists.

Many people seem to believe that cyclists can't/shouldn't go much faster than a child on a bike.

a cyclist on the pavement should not ever be going any faster than a (slow) child on a bike any faster than that approaching a blind bend is grossly negligent behaviour

 

[User169]

More on the Hall family view here

 

[marinyork]

That's a much better article in The Times.

The Howard case has also been discussed here before. That was a fairly controversial one imho. There's certainly a disparity, on paper, the Messen case is the worst by far. The other two cases are very much more tricky.

Also a ban + 6pts is even more ridiculous. Presumably trying to sneakily get him under the New Drivers Act and extended retest.

 

[661-Pete]

If we were to rely entirely on 19th century, or earlier law, people would still be getting hanged for stealing a sheep or impersonating a Chelsea Pensioner. But would escape scot-free for killing a Welshman within the City of Chester, I believe. Laws are there to be updated with the times, otherwise there would be no legislature. We cannot depend entirely on out-of-date statutes and ancient case-law.

I think the circumstances attending this case cast sufficient doubt (and we have the father's statement) that an appeal is definitely called for. If the cyclist indeed made no contact with the victim, this opens up a whole new minefield. If I cycle at speed along a road, passing a pedestrian on the pavement, and that pedestrian is startled and falls, could I be held liable in some way...?

 

[User169]

If we were to rely entirely on 19th century, or earlier law, people would still be getting hanged for stealing a sheep or impersonating a Chelsea Pensioner. But would escape scot-free for killing a Welshman within the City of Chester, I believe. Laws are there to be updated with the times, otherwise there would be no legislature. We cannot depend entirely on out-of-date statutes and ancient case-law.

Not sure I'd go that far - it would have been amusing to see Hewitt swing for shagging Diana (under the Treason Act of 1351)

 

[ComedyPilot]

Not sure I'd go that far - it would have been amusing to see Hewitt swing for shagging Diana (under the Treason Act of 1351)

I am sure there is something similar in Army Law, meaning Charlie boy is just as guilty having a bit on the side with Colonel Parker-Bowles missus.