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Six-month suspended sentence for van driver who hauled triathlete off her bike

Victim was told “I thought you were a bloke” in immediate aftermath of the incident

A van driver who seriously injured a triathlete by pulling her off her bike has been given a six-month suspended sentence and ordered to pay her £5,000 compensation. Martyn Lee pleaded guilty to assault occasioning actual bodily harm at an earlier hearing.

The BBC reports that Lee had been driving his silver Ford Transit on Low Wath Road, Pateley Bridge, near Harrogate in May last year, when Livesey swerved in front of him.

Speaking at the October hearing, Shawn Morales, prosecuting, said: "The defendant had been driving along when the complainant, who was at the left side of the road, had moved over to the right to avoid hitting a dog.

"As she pulled across the road, the defendant had to then drive into the middle of both carriageways to narrowly miss Mrs Livesey.

"The complainant said the defendant then drove past her shouting something about 'undertaking', referring to a previous incident of driving down the inside lane.

"Further down the road he had stopped and, as the complainant went past, he rugby tackled her from the bike and she hit the back of her head on the road surface.”

Lee is then said to have told Livesey "I thought you were a bloke" before apologising.

The semi-professional triathlete from Harrogate had been hoping to qualify for last year’s World Championships, but was left with a bone fracture in the pelvic region and cuts and bruises to her lower back and head. She was unable to cycle for eight weeks.

"I have lost earnings. I lost out in prize money for qualification to these events and I am still in part-time employment," she wrote in a victim impact statement.

Speaking after sentencing, she added: "I don't really see 'you were a bloke' as a defence. If he had knocked a man off their bike it wouldn't be any better, he assaulted somebody – whether they were male or female doesn't matter.”

Livesey has since moved to Mallorca and explained: "One of the reasons we came out here is the roads are really safe and the drivers are very considerate and expect a lot of cyclists on the roads.

"There is definitely a selection of drivers in the UK who think it's ok to be aggressive and react in a road rage type situation to cyclists.

"Drivers do not know the physical impact they can have on cyclists by not just waiting their turn – so many times I've had drivers swearing and trying to scare me. If they get it wrong, for a cyclist it could be game over – it's really not ok.”

At the October hearing, the court heard that Lee’s plumbing business suffered in the wake of the case following what was described as “a hate campaign” on social media.

Livesey denied a hate campaign, explaining: "We live in a very small town near Pately Bridge, myself and husband are well known in the local area. We know everyone in the village and word got out."

Sentencing, Recorder Nicholas Barker said he chose to suspend the sentence due to Lee's remorse and because he had proved with his current employment he "could make a meaningful compensation".

Lee was also handed a community order to undertake 150 hours of unpaid work to be completed within the year.

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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38 comments

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wycombewheeler replied to perpetual121 | 6 years ago
2 likes

perpetual121 wrote:
burtthebike wrote:

Just to put this into context, this highly regarded transplant surgeon, who saves lives and did no harm, is spared jail but fined twice as much for signing his work.

No harm? Seriously. If you had a loved one whom had this done to them I would hazard a guess you would see this differently.

true but I'd be  lot less upset than if someone had rugby tackled my wife froma bike breaking bones and causing loss of earnings.

Avatar
Pushing50 | 6 years ago
6 likes

If there is the admission of guilt and the court have ordered £5k compensation, can a civil action be taken to sue for the loss of earnings and prize money? I do not know the regulations but was just wondering.

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grumpyoldcyclist | 6 years ago
7 likes

Dreadful sentencing

So let me see, the next time a pedestrian walks up past his van stuck in traffic he's okay to assault them,yes?

Or if he had assaulted the owner of the uncontrolled dog, that's fine too?

Don't think it's likely, but assault a cyclist lawfully conducting themselves on the road and it's fine.

And the government think tougher laws for cyclists are the answer......

Avatar
Grumpy17 | 6 years ago
11 likes

The victim has a right to be dissatisfied with the sentence- this was an appalling assault with no justification whatsoever.

Sadly, this is simply yet another example of an aggressive,egomaniac driver completely losing the plot because he encountered a fast-paced cyclist whose riding did not conform to the stereotype  he expects from a person on a bike. . I'm sure we have all experienced this type of driver, they are the 'must get in front' or 'left hook' specialists who expect a cyclist to ride @ 10mph in the gutter and to simply give way to all four wheeled traffic whatever the rights and wrongs of the situation. In their eyes, you are a cyclist therefore ,by definition, you have NO rights as a road user and if you try and  assert your rights, either  by the manner of your riding or,when challenged,  by any kind of verbal response, then you are  deserving of the greatest contempt imaginable- I honestly believe this is the deluded and psychopathic mentality of a small minority of motorists towards cyclists.

 

Anyway, he'll have to fix a few more toilets and unblock a few more sinks now to make up the £5k compensation he owes- probably a sh*t plumber anyway -  no doubt  he's  one of the 'shiny  van brigade' with big lettering on the side and  wears company logo designer workwear that never gets dirty- looks really 'pro' but still gets leaks and call backs all the time 'cos he's still not got the hang of it after years in the trade. These guys are ten a penny, I can vouch for that.

Let's  just hope the courts in Yorkshire are more robust at chasing non-payers than they are in other parts of the country.The overall debt of unpaid court fines in the country currently stands at something like £500 million..

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alansmurphy | 6 years ago
6 likes

Don't worry about waiting for sunshine, if they don't have hi viz or a helmet or they were cycling recklessly (more than 15mph or more than a couple of feet from the kerb) you're all good.

 

If you've got a bit of cash saved up, don't even worry about this; get a hire car, have a few beers, forget who was driving it, reverse if you must...

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Canyon48 | 6 years ago
7 likes

The £5000 is significant, but it's no compensation for jail, just as Graham has said. I'd like to say I'm surprised, however, I'm afraid I'm not  2 I am, however, once again appalled that someone has been allowed to walk free after hurting someone, essentially because they were on a bicycle.

If I ever wanted to murder someone, I'd wait until they were on a bike and run them over when the sun is low.

Avatar
Grahamd | 6 years ago
11 likes

So a £5000 fine is now meaningful compensation that avoids a jail term. What planet do our judges live on, whiplash compensation claims can be a few thousand, break somebody’s bones and affect their livelihood should be way more. Whatever happened to taking account of victim impact statements.

 

Avatar
alansmurphy | 6 years ago
8 likes

I'm off out to the pub. Just so I'm clear, if someone on a bar stool is taking what I deem too much room at the bar, can I haul them to the floor? If it's a lady, should I make sure she's ugly?

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