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Persistence pays off for cycling lawyer as motorist who threatened to kill him convicted

Case only went to court after two complaints over lack of action despite video evidence caught on helmet camera

Motorist, Scott Lomas, has been convicted of a public order offence after the persistence of the cycling lawyer he threatened finally paid off. You may remember our coverage of the frustrations encountered by Martin Porter, the Queen’s Counsel who blogs as The Cycling Silk, in persuading the Metropolitan Police to take action against a driver who had threatened him in November 2010 as he commuted to work by bike, despite the incident being captured on the cyclist’s helmet cam.

Lomas was fined £250 and ordered to pay a £15 victim surcharge as well as costs of £300 after pleading guilty to the offence of using threatening or abusive words or behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress.

It transpired that he was also in breach of a suspended sentence handed down in April 2010 for malicious wounding, although the court today decided that it would not refer that issue back to the Crown Court.

The defendant, aged 24 at the time of the incident, had initially pleaded not guilty, with his lawyer arguing that since the police officer investigating the case had indicated that no further action would be taken, the subsequent decision to prosecute had been an abuse of process. When the judge rejected that argument, Lomas changed his plea to guilty.

That Lomas was eventually brought to justice was due to Mr Porter’s determination to get the authorities to take action in connection with the incident that took place on 4 November 2010 on the A315 near Hounslow as he rode to work.

Lomas, apparently frustrated at being unable to pass the cyclist as the road narrowed due to a traffic island, had beeped his horn and shouted abuse, continuing to do so as the pair passed each other several times over the next few minutes, and eventually threatening to kill him. The episode was filmed by the cyclist’s helmet camera.

Despite that video evidence, Mr Porter, who reported the incident the same day, found that police were reluctant to investigate and that after what he describes as “casual contact” with the CPS, the officer handling the case had decided that no further action would be taken.

A complaint to the Director of Public Prosecution’s resulted in the CPS telling the police to investigate the report and submit evidence, but again the recommendation of the same investigating officer was that no further action be taken. It was only when a further complaint was made that a senior police officer decided that the case should indeed be referred to the CPS, who decided to prosecute, resulting in today’s conviction.

Commenting on the case, Martin, who besides being a Queen’s Counsel is also a keen racing cyclist with Thames Velo, said: “I am pleased that justice has now been done and that the Crown Prosecution Service had the moral fibre to reverse the Metropolitan Police’s attempts to drop this case notwithstanding the strength of the evidence. 

“It is sadly too much to hope that all mindless aggression and violence directed at cyclists will instantly cease but at least this conviction may help to discourage similar incidences of mindless ‘roadrage’ against vulnerable road users.

“I am very grateful to prosecuting counsel (a cyclist it transpires!) who dealt with the case efficiently and courteously.”

He added: “I am grateful too for the moral support I have received from the CTC, Roadpeace, The Road Danger Reduction Forum and the vast majority of cyclists who have contacted me.”
 

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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37 comments

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Myriadgreen | 12 years ago
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I stand (or sit or ride) corrected - after 6 years in motor insurance sales and claims, I thought I knew it all - we never use to ask for any details of convictions other than motoring ones, and there was never a field to complete for anything other than motoring convictions. Innnnterestting.

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rbx | 12 years ago
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Been thinking of this for a while concerned at the general (conscious or unconscious) apathy that the police shows towards incidents against cyclists:

Is there a provision in UK law under which a victim, whose case has been dismissed by Police despite convincing evidence, or an independent party, using collective evidence over a period, can sue (say) the Met for bias against cyclist(s)?

Even if such a case can/may not be won, it'll put the police officers and leadership on alert about being under observation, and force them to at least give all offences against cyclists a serious thought (to prevent the incident from being used as evidence against them in a future suit).

If it pushes the police leadership enough to really force a serious change of attitudes inside the police departments, the cost of the suit may well be worth it.

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rbx | 12 years ago
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Regarding another thought I've been having lately - are there any public numbers on what percentage of police officers regularly cycle, as part of official duty or for recreation?

My hypothesis is that most police officers do not cycle, but a big majority of them do drive. The result is that they treat a motor vehicle sideswiping a cyclist the same as, say, a car scraping against another - a casual event that just caused a few scratches on the metal that shall be settled by the insurance companies anyway.

Unfortunately, cyclists know that getting sideswiped by a motor vehicle can easily go from something as little as a damaged bike and scratched skin to ending up under the wheels of an HMV.

If this is the case and statistics can be found to back it, it could help show a direction in which to work to ensure incidents against cyclists get a proper hearing.

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cllr hodgen | 12 years ago
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"Have iiiiiiiiiiiiiiiiiiiit"!  16

Top effort!

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Driver Protest Union | 12 years ago
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However,

Secretly filming members of the public, and it is secret until they realise it, and because these cameras do not discriminate between people actually offending and innocently going about their lawful business, including young mums and kids, public are entitled to be outraged at it. Although there is no law against such filming it can be deemed to be behavior likely to cause a breach of the peace and can be stopped. It is a form of unwelcome vigilantism. We are asking ministers, MPs and police, where they stand on covert filming of innocent members of the public and if there needs to be checks carried out on the people who do it too.

Before exploding at me, do check the law out on this. Also do not get indignant when people have a go at you for it. If they ask you to stop, then stop. It is a natural reaction.

This barrister was foolish. This could've resulted in injury and death for him. His camera probably encouraged him to maintain contact. Is It ok being right but a right cabbage or dead? Don't be daft. On bikes, we are very vulnerable. Remember filming people makes them angry and they are controlling heavy lumps of machinery. Any sign of this get off the bike. Let them go. Don't take them on.

This whole thing needs looking at from a very strict licencing point of view.

Why aren't we surprised that there is an Ex Acpo Ltd money maker involved in this? See http://bit.ly/u92z0U

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dave atkinson | 12 years ago
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You're confusing the word 'secret' with the word 'small' there, DPU. And you're also confusing yourself, it seems, saying that "there's no law against such filming", which is true, only to later say we should "check the law", which you already seem to have done.

Quote:

If they ask you to stop, then stop. It is a natural reaction

it might well be a natural reaction. That doesn't put the law on your side.

Quote:

Remember filming people makes them angry and they are controlling heavy lumps of machinery. Any sign of this get off the bike. Let them go. Don't take them on

The conviction in Martin's case rested on him challenging the driver, so not always the case. There's no amount of provocation that would legitimise using your vehicle as a weapon in any circumstance.

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skippy | 12 years ago
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Once upon a time Constable Plod rode a bike and was very aware of all that was happening around them and the dangers of the other road users .
As they go about policing now they sit in the comfort of their vehicle usually stuck in traffic without very much awareness of what is happening around them . Fact is it is very hard to get them to pull over to pass them info or seek their assistance .
Recall reading here that the first ( 2 london women )death caused by that truck driver was witnessed but the Police on the scene just wanted to keep the traffic moving and so did not do their work correctly and the witnesses were sent on their way without being recorded ! how many more incidents of sloppy Police work will be reported before there is an improvement in procedures ?
So far i have seen no report of any worthwhile penalty for the driver or reimbursement of Martin Porter's costs even though he may have declined them . Surely the Police and CPS should be aware that a member of the public loses time and incurs expense when they fail to do their duty correctly .
Once again the cyclist is wronged and the perputrater walks from court with a little less cash when the case merits custody as a warning to others !

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