Trial opens of lorry driver accused of killing cyclist while on the phone and over the limit

Driver had pleaded guilty to causing death by careless driving, but CPS pursuing more serious charges

by Simon_MacMichael   November 9, 2010  

Gavel

The trial has opened in London of a cement lorry driver charged with causing the death of a cyclist by dangerous driving and who is alleged to have been over the drink-drive limit and talking on his mobile phone at the time the fatal collision happened.

Catriona Patel, a 39-year-old public relations executive, had been training to ride L’Etape du Tour with her husband Asish when she was killed in June last year after a lorry driven by Dennis Putz, 51, from Monkton Hadley, Hertfordshire, turned left across her path on Kennington Park Road, near Oval Tube Station. The incident was filmed by CCTV cameras belonging to Lambeth Council.

The case hit the headlines earlier this year when the Crown Prosecution Service (CPS) rejected a guilty plea from Putz to the charge of causing death by careless driving, insisting that he instead be charged for the more serious offence of causing death by dangerous driving.

The driver had claimed that he had been using his phone in conjunction with a hands-free kit, but the CPS believes that he had his phone to his ear, and also claimed that he had been drinking.

Yesterday, Inner London Crown Court heard that Putz had apparently been unaware that he had run over the cyclist as he drove away from the lights, and only stopped when bystanders pounded on his cab door. One told the police that Putz appeared “flustered” following the accident.

Witnesses said that Mrs Patel’s neck and head had been crushed by the lorry’s rear wheels. She was taken by air ambulance to the Royal London Hospital, where she died as a result of her injuries.

According to a report in the Daily Mail, prosecutor Jonathan Polnay reported that Putz was subject to a breath test 80 minutes after the fatal accident, with a reading of 39mg of alcohol in 100ml of breath, above the legal threshold of 35mg.

“'A forensic scientist has concluded that at the time of the crash, his alcohol breath reading was likely to have been 49mg - 50 per cent over the drink-drive limit,” said Mr Polnay.

The driver has denied having had a drink on the morning of the accident, but has admitted to drinking seven pints of Guinness the day before, the last of those at 9pm.

However, Mr Polnay said that the prosecution did not accept that version of events, saying that it would have resulted in a reading of zero at the time the breath test was conducted.

“He either had a great deal more to drink that night or he had something to drink that morning,” he added.

“Whilst this was an accident, we say this was an accident waiting to happen and an accident caused almost entirely by Mr Putz' dangerous driving,” insisted Mr Polnay.

“We say he must have known that he should not be behind the wheel of a tipper truck,” he added.

The prosecution also alleges that Putz did not check mirrors specially fitted to his cab that would have enabled him to check for pedestrians and cyclists close to the vehicle at ground level, despite his tacograph showing that he had been stationary for 29 seconds.

“ 'Tests were carried out by police standing where Ms Patel was and there's no doubt that Ms Patel clearly would have been visible in the truck's mirrors,” said Mr Polnay.
“If Mr Putz had looked once in the 29 seconds they were both stationary he would have seen Ms Patel.”

“A competent driver would make a particular effort to check their mirrors for cyclists, especially when turning left,” he concluded.

The case continues.

 

9 user comments

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Anybody know which court is handling this? Can the public attend?

"Just as every cop is a criminal, and all the sinners saints".

LondonCalling's picture

posted by LondonCalling [146 posts]
9th November 2010 - 12:10

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The court is also know as Southwalk Crown Court, on Newington Causeway south of Borough Tube station.
Cases are normally open to the public I think.

posted by thereverent [295 posts]
9th November 2010 - 12:31

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So - are we gonna see another £200 fine and three licence points?

Although I'm pleased the prosecutor is pushing for the more serious "dangerous driving" offence, I can't help feel that we'll see yet another slap on the wrist.

posted by mad_scot_rider [533 posts]
9th November 2010 - 14:06

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i agree with mad_scot_rider,it'l just end up being another slap on the wrist.

David Clark- Competing in the 1st ever Global race, covering 18,000miles in over 20 Countries. 18th February 2012.
While trying to break the following world records at the same time;
- Fastest person to cycle the world
-Youngest person to cycle the wor

posted by David cycling t... [66 posts]
9th November 2010 - 15:18

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What did he do? run over the poor lady by turning or cutting her up?

Horrible way to die and sympathies for her Family and friends.

If he is guilty of over the limit and using a mobile to his ear then he should be jailed and banned for life.

Funny how nobody from the little kid hit by a cyclist kick up a fuss and nothing here.

I like my bike but it needs a hidden 25cc motor Smile

Fish_n_Chips's picture

posted by Fish_n_Chips [325 posts]
9th November 2010 - 16:00

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No, if he is found guilty of CDDD or whilst driving under the influence then he will be going to jail, probably for 4 years or so. The maximum tariff is 14 years, but he won't get that.

The problem in the past is that people have pleaded guilty to causing death by careless driving or to just 'careless driving'. The former, while only became law two years ago, can carry a jail term, the latter doesn't.

But what should really happen is that he should lose his licence for the rest of his life. Instead he will no doubt lose his licence for a period probably less than his jail term.

posted by pickles [27 posts]
9th November 2010 - 16:02

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A horrible case and we can only hope that the guilty party feels the weight of the law. But it's unfair to comment on sentencing while the legal case is ongoing.

OldRidgeback

posted by OldRidgeback [2109 posts]
9th November 2010 - 23:01

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You only get points if you've got a licence....

http://www.bournemouthecho.co.uk/news/8621971.Pastor_jailed_as_car_drags...

posted by markwatkin [4 posts]
11th November 2010 - 0:40

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It would seem that lorry drivers have moved away from murdering prostitutes and are branching out into murdering cyclists too. Lets hope the bastard is never let out of prison. Do they not reilise that the vehicle they are in charge of is a lethal weapon, it is high time a psycological assessment is taken of anyone who wants to drive ANY motorised vehicle let alone something that big.
Profetional driver my ass

tired old fart

posted by tired old fart [82 posts]
1st July 2011 - 12:42

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