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Taxi driver who deliberately swerved into cycling policeman could face jail

Driver angered by cyclist who gesticulated at him for u-turning right in front of him

A taxi driver who deliberately swerved into a policeman on a bicycle in a road rage incident could face jail.

Ivor McAiney was driving his Vauxhall Astra minicab in Farnworth in April last year with a hot drink in his hand when he decided to perform a u-turn in in front of DC Adam Gleave, who was cycling and was forced to brake suddenly.

The officer gesticulated at the driver, indicating that he should watch where he was going.

McAiney wound down his window, shouted an obscenity, then jerked his steering wheel to the left, trapping the cyclist between the taxi and a parked car, a jury at Bolton Crown Court heard.

DC Gleave, who was clipped into his pedals, thumped the vehicle to get McAiney to stop. When McAiney drove off, the officer was left with bruised wrists and damaged bike and clothing as he lay in the road.

Fortunately he had the model and a partial numberplate, and McAiney was later arrested at the office of his cab firm, S and D Taxis.

He denied assault causing actual bodily harm and dangerous driving but following a two-day trial, a jury unanimously convicted him.

Judge Timothy Stead arranged a sentencing hearing on February 10 and granted him bail till then.

“You should not read into that anything about the ultimate sentence,” he said. according to The Bolton News.

A jail sentence would contrast with a similar case we reported in 2012, where a school caretaker who deliberately ran down a cyclist in a fit of rage walked away from court with a £350 fine.

Cal Groves, 45, shouted abuse at Gerard Lumb before knocking him over and driving off, Hull Crown Court heard.

Both the cyclist and the driver were attempting to turn right at the same junction in Anlaby, East Riding.

They nearly collided, causing Groves to shout at Mr Lumb before swerving and hitting him on purpose. Mr Lumb had cuts and bruises to his legs and ankles .

Groves, a caretaker at Hull Collegiate School was found guilty of careless driving and was fined £350, ordered to pay £500 costs and given nine points on his licence.

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47 comments

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northstar | 10 years ago
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Oh.The.Irony.

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dave atkinson replied to pepelepew_2724 | 10 years ago
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pepelepew_2724 wrote:

What is most likely in this case are 2 things.

1) Somewhat regrettably the investigating officers are showing some more enthusiasm than they may otherwise have done. Which is undoubtedly linked to;
2) the victim is this matter is a professional who is well versed in the evidential requirements and is robust enough to actually be willing to attend court.

Lots of people report things and think that once they have done that it will be the end of any involvement on their part. They then complain on forums saying the police did nothing.

Some of this reads like a Daily Mail comments section. The police workforce is no different to any other occupation. Some people are lazy. Some are dishonest. Most work hard and want to do a good job.

You want to take a look at martin porter's blog if you'd like to see what the weight of evidence required for the CPS to take up a case like this is normally. He's a QC, so fulfils your requirements of being "well versed in the evidential requirements and is robust enough to actually be willing to attend court"

http://thecyclingsilk.blogspot.co.uk/2010/12/police-caution-for-unprovok... is a good one to start with

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WolfieSmith | 10 years ago
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I love it that a fair few comments are by Police officers and barristers. The more legal industry folk riding the better. I intend to have 'Off Duty POLICE Officer stencilled on the back of my gilet. Should kill all argy -bargy dead.

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ironmancole | 10 years ago
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But then you'd find a very proficient CPS pushing your file for impersonating a police officer  40

We just have to face current facts and that seems to be cyclists are fair game on the roads. Until anyone using a car views hitting a fellow human being with a couple of tonnes of metal as even remotely serious we'll continue to read similar stories...and this has to be led by government and all its departments with a thorough and precise plan of action.

Such cases of apparent inconsistency in the application of the law surely give us, a concerned collective, good reason to question any subsequent incarceration when as many of us have found to our cost the CPS decline to prosecute for very similar cases.

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charlie bravo replied to dave atkinson | 10 years ago
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Dave Atkinson wrote:

You want to take a look at martin porter's blog if you'd like to see what the weight of evidence required for the CPS to take up a case like this is normally. He's a QC, so fulfils your requirements of being "well versed in the evidential requirements and is robust enough to actually be willing to attend court"

http://thecyclingsilk.blogspot.co.uk/2010/12/police-caution-for-unprovok... is a good one to start with

Oh I've seen that Dave. Still dumbfounded why some drivers are ignored by the system intended to punish them.

My wife was a victim of a serious RTC on a bike 17 months ago and still struggles with injury and PTSD to this day. She even supported CTC by making a film of her RTC for their Road Justice campaign. Some of you may have seen it. Just search CTC road justice and it is the highest viewed video. Still makes for harrowing viewing for me. And for the record - I was less than impressed by the 'service' we received from the police. Even considering I have worked with the bobby dealing before (not same force but close by) she and I still felt let down by the system.

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nostromo | 10 years ago
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Police officer's training and experience was probably key in giving good evidence such as accurate time of offence and circumstances, plus of course the partial plate and make/model/colour of car. he may have also noticed it was a taxi, which would have made identifying it easier.

He did this despite being knocked to the floor, while the vehicle drove off.

How many of us could do the same?

The successful prosecution here has as much to do with the victim's skillset as it does with 'preferential' treatment by the Force or CPS.

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farrell | 10 years ago
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If this had been one of us "plebs", then the fact that we had gesticulated at the driver and banged on his door probably would have seen us up on charges and no doubt would have been as justifying the taxi driver's almost murderous actions.

It also rankles a bit that GMP can get off their arses and do something to get a proper conviction for one of their own in the same week GMP released their notes on Operation Grimaldi which amount to a cyclist degradation exercise.

It really is an out and out disgrace to be honest.

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northstar replied to nostromo | 10 years ago
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nostromo wrote:

Police officer's training and experience was probably key in giving good evidence such as accurate time of offence and circumstances, plus of course the partial plate and make/model/colour of car. he may have also noticed it was a taxi, which would have made identifying it easier.

He did this despite being knocked to the floor, while the vehicle drove off.

How many of us could do the same?

The successful prosecution here has as much to do with the victim's skillset as it does with 'preferential' treatment by the Force or CPS.

Well..I've remembered 4 number plates, makes and colours of vehicles whose drivers tried to kill me in several minutes, where's my justice like this? non-existant.

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nostromo replied to northstar | 10 years ago
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northstar wrote:
nostromo wrote:

Police officer's training and experience was probably key in giving good evidence such as accurate time of offence and circumstances, plus of course the partial plate and make/model/colour of car. he may have also noticed it was a taxi, which would have made identifying it easier.

He did this despite being knocked to the floor, while the vehicle drove off.

How many of us could do the same?

The successful prosecution here has as much to do with the victim's skillset as it does with 'preferential' treatment by the Force or CPS.

Well..I've remembered 4 number plates, makes and colours of vehicles whose drivers tried to kill me in several minutes, where's my justice like this? non-existant.

Well, apart from being super observant, you are certainly very unlucky. I've never had a driver try and kill me in 40 years of cycling.

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oozaveared | 10 years ago
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Lots of comments on here about this guy only getting prosecuted because he did it to a cop and that cops don't protect us.

I only have one incident to report that involved me calling the police. A white van forcing me to the curb then the passenger hosing me down with a bottle of juice.

I got my phone out of my pocket and reported it right there and then. That was a Thursday evening at around 6.30. I was called back later that evening at around 8pm and an appointment was made to come and take a statement at my home.

The outcome was that the driver was identified. Though not the passenger. Was prosecuted for dangerous driving. Was given 6 points and a fine. The six points added to his total and therefore he was banned.

The police seemed to take it seriously. Now it may be that they had an interest in this particular driver. He had a number of points already! Maybe there were other reports and incidents that made him a person they were keen to pursue. Maybe me being at the time 50. An advanced driver etc helped them take my account a bit more seriously. Maybe the officer dealing with it was a cyclist. I don't know But it was dealt with pretty well and better than I expected.

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FluffyKittenofT... replied to adriank999 | 10 years ago
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adriank999 wrote:

Further to the comments about the lady running down the cyclist and this post, there is a BIG difference between an accident and a deliberate act that could result in death. I note where the charge is due care and attention the critics pile in but how many of them have never made a simple mistake in their lives? Unfortunately a simple mistake involving a cyclist could be a minor injury or death. The charge and sentence should reflect the act not the result.

As I said on that thread, I don't entirely agree. The difference isn't always big (sometimes it is, sometimes it isn't), and how big it appears can also depend on who is looking at it.

When one group is collectively and consistently careless with the safety of another group, then it becomes little different from 'intent' as far as I'm concerned. The reckless group have collectively decided to endanger the other group. That's a kind of 'intent'.

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FluffyKittenofT... replied to oozaveared | 10 years ago
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oozaveared wrote:

Lots of comments on here about this guy only getting prosecuted because he did it to a cop and that cops don't protect us.

I only have one incident to report that involved me calling the police. A white van forcing me to the curb then the passenger hosing me down with a bottle of juice.

I got my phone out of my pocket and reported it right there and then. That was a Thursday evening at around 6.30. I was called back later that evening at around 8pm and an appointment was made to come and take a statement at my home.

The outcome was that the driver was identified. Though not the passenger. Was prosecuted for dangerous driving. Was given 6 points and a fine. The six points added to his total and therefore he was banned.

The police seemed to take it seriously. Now it may be that they had an interest in this particular driver. He had a number of points already! Maybe there were other reports and incidents that made him a person they were keen to pursue. Maybe me being at the time 50. An advanced driver etc helped them take my account a bit more seriously. Maybe the officer dealing with it was a cyclist. I don't know But it was dealt with pretty well and better than I expected.

Encouraging to hear such things do sometimes get treated seriously. And in any case the police are also at the mercy of the CPS who in turn have to take into account the prejudices of juries and magistrates etc, so ultimately its the wider culture that's the issue, I'd say.

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farrell | 10 years ago
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This is the story of a more standard GMP response:

http://thisistheupside.tumblr.com/post/73240078092/worst-ride-home-ever

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hood | 10 years ago
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i hope the copper thro th b****y book at him and it sets a precedent for future morons who intentionally try to hit us with their 1,2 and 3 ton boxes of metal and armchairs

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skippy | 10 years ago
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A summary of the Vine v clarkson lark :

tourdafarce.blogspot.com

Wonder if clarkson tweeted photo is enough to get him an empty pocket ?

" LIKE " f/book/RightofWayAustralia

The life you help save , might be YOUR OWN !

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fluffy_mike replied to Neil753 | 10 years ago
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You make an interesting point about the standard expected of professional drivers, but sadly anyone who rides a bike regularly knows that a large number of so-called professional drivers are anything but.

Being a professional driver gives a great many lorry drivers, van drivers and taxis drivers a massive sense of self-worth and entitlement to hog the road, while giving them nothing in the way of increased skills or empathy with cyclists or pedestrians.

I get bored of hearing professional drivers saying how well trained they are when there's plenty of evidence they're no safer to cycle around than the average car driver, and are often worse.

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Posh | 10 years ago
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Before people start assuming, on the basis of the judge's comments, that this guy is "going down", being synical about such thing, let's see what the outcome of the Sentencing Hearing is.
If it is custodial, it will be good to see such a precedent.
Now hope the same process is applied to all other cases where the victim is just Joe Bloggs and not a PC.

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