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Driver who killed cyclist was turning left from wrong lane

Martin Porter QC questions why driver was not prosecuted

An inquest has heard how a cyclist was killed when an HGV driver turned left from the “wrong” lane on the Elephant and Castle roundabout. The Crown Prosecution Service opted not to prosecute the driver and it is thought this may have been due to a lack of evidence, with the cyclist’s approach to the junction obscured on CCTV footage.

The London Evening Standard reports that cyclist Abdelkhalak Lahyani had been on his way to work as a porter at Oxo Tower restaurant at about 4pm on May 13 last year. HGV driver Edwin Humphries indicated to turn left into Newington Butts from the middle of three lanes in Walworth Road — having wrongly believed the left-hand lane was a bus lane – and while manoeuvring crushed Lahyani under the rear wheels of his vehicle.

It was concluded that the likely turn of events was that as both parties set off from the traffic lights, Humphries turned left as Lahyani was trying to go straight on.

Collision investigator PC Andrew Smith told the Southwark News that he had never seen a road layout like the Elephant and Castle roundabout where cycle paths are located between lanes of traffic. “It’s a very complex junction,” he said.

Lahyani’s widow, Fatima Manah, has previously said that the junction is “like a death trap, just so dangerous for cyclists, and needs to be changed to prevent further deaths.”

Smith explained that the middle lane “is for people intending to go straight then turn right. It’s not a left-hand-turning lane.”

He also said that the cycle lane should have been “clearly visible” to Humphries. However, he pointed out that Lahyani’s exact position at the traffic lights is not known. CCTV failed to establish the location of cyclist as he approached the lorry, as he was hidden from the cameras – something which may have dissuaded the Crown Prosecution Service from prosecuting Humphries over the cyclist’s death. The driver testified at the inquest but under legal advice refused to answer questions from Coroner Briony Ballard about being in the “wrong” lane.

Humphries was on his way home to Telford in Shropshire having completed a job in Walworth Road. He told the court it was his first trip to London in two years.

“I was indicating for as long as I was sat at these traffic lights,” he said. “There are numerous blindspots. Unless it’s big, you ain’t going to see it. I was going very, very slowly and very cautiously. I straightened my truck up and checked my mirrors. Unfortunately there was a cyclist on the floor and I stopped.”

Ballard recorded a verdict of death by road traffic collision, adding that Humphries’ failure to see Lahyani “may have been compounded” by his clothing – jeans, a dark jacket and a multi-coloured cycle helmet with a “brightly coloured” rucksack.

Martin Porter QC has questioned why Humphries was not prosecuted. “IMO this junction was deficient in that it did not prevent a careless collision but not so deficient that it causes the careful to collide,” he tweeted. Later adding: “Inquests into the death of cyclists never seem to me to be wholly satisfactory.”

Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.

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16 comments

Avatar
don simon fbpe | 8 years ago
0 likes

1 step forward, 2 steps back.

RIP brother.

Avatar
Scoob_84 | 8 years ago
1 like

I remember seeing the aftermath of this accident, tent and all, on my way home that day. Looks like another driver gets away with killing someone through poor driving and bugger all gets learnt.

In fairness, that junction has a bike lane between the left and centre lane to supposidly take you up to the bike box, but this is routinly has a HGV sitting on top of it and then half a bus sitting in the bike box. 

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Yorkshie Whippet | 8 years ago
1 like

HGV driver in wrong lane! No way. I've seen so many of them sat in lane three of four holding traffic up. They seemingly have no concept of the new smart motorways and sit in lane two  with lane one empty. As for filtering , pity the poor Bugga driving down an empty lane past one, straight into the barrier you go. Yet it is acceptable for these to barrel through 50 zones at warp speed.

Axe ground, grrh!

Avatar
racyrich | 8 years ago
3 likes

The only road deaths the police take seriously are those of policemen.  Kill one of them and it's murder. Regardless.

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Stumps replied to racyrich | 8 years ago
1 like

racyrich wrote:

The only road deaths the police take seriously are those of policemen.  Kill one of them and it's murder. Regardless.

Lol, what a load of s***. It was the CPS who refused to prosecute but hey ho why let something like the truth get in the way of blaming the Police.

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brooksby replied to Stumps | 8 years ago
1 like

stumps wrote:

racyrich wrote:

The only road deaths the police take seriously are those of policemen.  Kill one of them and it's murder. Regardless.

Lol, what a load of s***. It was the CPS who refused to prosecute but hey ho why let something like the truth get in the way of blaming the Police.

I think that many people who are on the outside of that field - who aren't police, or CPS for that matter - see police-and-CPS as one organisation. Rubbish decision not to prosecute, whoever you blame for making it, IMO.

Avatar
racyrich replied to Stumps | 8 years ago
2 likes

stumps wrote:

racyrich wrote:

The only road deaths the police take seriously are those of policemen.  Kill one of them and it's murder. Regardless.

Lol, what a load of s***. It was the CPS who refused to prosecute but hey ho why let something like the truth get in the way of blaming the Police.

 

Yes, sorry, you're quite correct. We're not told what the police arrested the driver for or expected the CPS to charge him with.

We are told that the CPS didn't think there was enough evidence to charge. Evidence collection being the police's job. And we most definitely know from the CTC's review of police investigations into cyclist deaths that they are routinely cursory. So, I do blame the police - they CBA unless it's one of their own.

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Stumps replied to racyrich | 8 years ago
0 likes

racyrich wrote:

stumps wrote:

racyrich wrote:

The only road deaths the police take seriously are those of policemen.  Kill one of them and it's murder. Regardless.

Lol, what a load of s***. It was the CPS who refused to prosecute but hey ho why let something like the truth get in the way of blaming the Police.

 

Yes, sorry, you're quite correct. We're not told what the police arrested the driver for or expected the CPS to charge him with.

We are told that the CPS didn't think there was enough evidence to charge. Evidence collection being the police's job. And we most definitely know from the CTC's review of police investigations into cyclist deaths that they are routinely cursory. So, I do blame the police - they CBA unless it's one of their own.

 

Fair enough have your views but like i said "dont let the truth get in the way of your views". Of course the CTC find faults thats what they were trying to do ut in the end it's just their opinion.

As for the CPS the Police have nothing to do with them and we are just as frustrated by their continual refusal to prosecute when there is clear evidence to the contrary.

Avatar
SNS1938 | 8 years ago
5 likes

"...adding that Humphries’ failure to see Lahyani “may have been compounded” by his clothing – jeans, a dark jacket and a multi-coloured cycle helmet with a “brightly coloured” rucksack. "

 

Wholly hell, really? I thought victim blaming became un-PC twenty years ago?

Avatar
50kcommute | 8 years ago
3 likes

Same old story , if you want to murder someone put them on a cycyle and mow them down - maybe that's the plan to deal with rising mortality rates -  get a decent cycling uptake and don't spend on infrastructure! hmm 

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Airzound | 8 years ago
5 likes

U n - f u c k i n g - b e l i e v a b l e !

A guy is killed, it is not known how, only that a huge great fucking HGV making an illegal manoevre flattened him and the authorites shrug their shoulders. Disgrace.

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Housecathst | 8 years ago
6 likes

The CPT are outstanding at finding a reason not to do there job aren't they. 

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Ush | 8 years ago
3 likes

Car crimes are just not taken seriously. Here's another shocking example of someone, who thankfully did not kill one of his victims, now banned for only 1 year EDIT:jailed for 1 year, but only banned for 4. Horribly, I suppose that's actually quite a tough result compared to the case above:

http://www.independent.ie/irish-news/man-who-broke-red-light-at-pedestri...

What does it take for someone to prove that they are so reckless that they should not be allowed to operate dangerous machinery?

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kitsunegari | 8 years ago
7 likes

So if the driver of a HGV can't be blamed for this, why can't TFL be prosecuted for road design that leads to situations like this?

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flathunt | 8 years ago
5 likes

Quote:

Humphries’ failure to see Lahyani “may have been compounded” by his clothing – jeans, a dark jacket and a multi-coloured cycle helmet with a “brightly coloured” rucksack

Although he didn't have any problem seeing him in his mirrors once he'd flattened him.

Avatar
DaveE128 | 8 years ago
10 likes

So it was more than four hours before sunset, and the Coroner still blames the victim for not being visible enough. 

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