The family shouted at the jury : “Were you not listening?”

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Utterly incredible:



The trial of a man accused of killing a teenage cyclist while texting in his van ended dramatically this afternoon in NOT GUILTY verdicts.

The family of teenage cyclist Daniel Squire shouted at the jury : “Were you not listening?”, “What a waste of time” and “I can’t believe that” after the acquittal.

Philip Sinden had been at the wheel of his Vauxhall Vivaro van when it struck 18-year-old Daniel Squire on the A258 at Ringwould in September 2013.

He told the jury he then began typing a reply which read: ““Judges. Joubert. R. Sect” (sic)” but hadn’t realised that was what he had typed.

“I was texting just using my left hand. When I pulled out onto the road I was trying to keep my attention on the road, so I typed without looking at the phone.”

Mr Sinden claimed that as his phone had only one percent of its battery left he threw it on the passenger seat.

http://www.kentonline.co.uk/deal/news/van-driver-cleared-of-causing-33772/
 

david k

Hi
Location
North West
They should be ashamed of theirselves
 
OP
OP
glenn forger

glenn forger

Guest
Warning, may cause rage:

https://beyondthekerb.wordpress.com/2015/03/21/somethings-not-quite-right-here/

How does a driver who claims not have been looking at his phone ascertain that it has 1% of battery remaining?

How does a driver who claims to be doing no more than 50mph cover approximately 1.2 miles in under 55 seconds?

How does a driver who claims to have seen a cyclist also claim not to have seen the cyclist?

How does a driver who claims to have seen the cyclist approximately 600 feet before colliding with him come to be unable to avoid a collision through apparently being unable to see him?

Why does a cyclist who is nervous about the road he is on stop in the carriageway to mount the pavement, and then—with the pavement continuing onwards—return to the road less than 300ft later?

How long does it take to type four words and (most curiously) three punctuation marks on a phone, and how long does it take to halt a car, pick up a phone, dial 999, and connect the call? And why (assuming this didn’t happen because it would have been an absolutely pivotal point in the case and presumably would have been reported, given that reports include precise timing) didn’t investigators establish minimum possible times for these things and subtract them from the 55 seconds in order to determine the maximum possible time between Sinden discarding his phone and the collision occurring?

None of these things make any sense. None of them seem to be backed up by evidence. The defence, if it genuinely is as reported, appears to be full of holes.
 

Drago

Legendary Member
That's human beings for you. You can bet they're nearly all car drivers, so straight away at more likely so subconsciously align their sympathy with the offender.

Hopefully in light of the admissions made by the offender the family will bring a civil prosecution against him for damages.
 

Pale Rider

Legendary Member
What directions had the Judge given?

I wasn't there, but he will have told them to try the case on the evidence they heard in court.

The jury deliberated for nearly eight hours, that's a long time arguing the toss with a bunch of strangers.

There were clearly features of the case that made it not so straightforward as it first appears.

Only someone, like the jury, who sat through the whole trial can know what those features were.
 
Warning, may cause rage:

https://beyondthekerb.wordpress.com/2015/03/21/somethings-not-quite-right-here/

How does a driver who claims not have been looking at his phone ascertain that it has 1% of battery remaining?

How does a driver who claims to be doing no more than 50mph cover approximately 1.2 miles in under 55 seconds?

How does a driver who claims to have seen a cyclist also claim not to have seen the cyclist?

How does a driver who claims to have seen the cyclist approximately 600 feet before colliding with him come to be unable to avoid a collision through apparently being unable to see him?

Why does a cyclist who is nervous about the road he is on stop in the carriageway to mount the pavement, and then—with the pavement continuing onwards—return to the road less than 300ft later?

How long does it take to type four words and (most curiously) three punctuation marks on a phone, and how long does it take to halt a car, pick up a phone, dial 999, and connect the call? And why (assuming this didn’t happen because it would have been an absolutely pivotal point in the case and presumably would have been reported, given that reports include precise timing) didn’t investigators establish minimum possible times for these things and subtract them from the 55 seconds in order to determine the maximum possible time between Sinden discarding his phone and the collision occurring?

None of these things make any sense. None of them seem to be backed up by evidence. The defence, if it genuinely is as reported, appears to be full of holes.

With all things that has been mentioned, I do wish that something can be done. Usually the Police evidence will show that phone was in use at the time of accident. Hard to dispute such evidence.
 

BigAl68

Über Member
Location
Bath
One thing about this case which locals have commented on on road.cc and the newspapers website is there isn't a pavement where the collision took place. I really can't understand how this man got off and it makes me so angry.
 
OP
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glenn forger

glenn forger

Guest
  • With all things that has been mentioned, I do wish that something can be done. Usually the Police evidence will show that phone was in use at the time of accident. Hard to dispute such evidence.

    The driver flatly contradicted his own evidence and nobody in court noticed.
 

Hitchington

Lovely stuff
Location
That London
I seriously have given up cycling on busy roads because of the amount people using their phones, eating, reading while driving. Also there's a percentage of drivers who are deliberately aggressive and drive dangerously, as well as those who are completely self absorbed and unaware of vulnerable road users. When I read stories like this it justifies my descision. I live in a part on London where mainly I can use cycle paths away from roads for the majority of my journeys (work and weekend riding) and I can use the odd quite residential road if needed. My journey times have doubled as a result, but if it keeps me safe then it's a fair trade off.

I find cycling in the countryside less fraught with danger (c roads and NC routes) than cycling on the roads in London. It's a shame but there are car/taxi/van/bus drivers who have really got it in for cyclists and every time I try the main roads again I come across them.
 
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OP
glenn forger

glenn forger

Guest
[QUOTE 3601180, member: 9609"]So was there no punishment whatsoever ? no fine or penalty points ?
one comment under the article suggests "Sinden had sent 19 texts and received 22. While he was driving".[/QUOTE]

That's in the evidence. Sinden didn't even get fined for using a mobile while driving, which he admitted.
 
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Origamist

Legendary Member
Spokes, the local cycle campaign group attended the trial and I hope they will make public their report of the proceedings.

My thoughts are with family.
 

Trickedem

Guru
Location
Kent
Don't blame the jury. Blame the CPS. They should have countered the idea that the cyclist was on the pavement, by showing how unlikely this was. I think they thought the driver was banged to rights because of the texting, however this is hard to prove beyond reasonable doubt. As a result they didn't bother producing more evidence.
 
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