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Wife of cyclist severely disabled by Met police car answering 999 call sues police force - who say they weren't at fault

High Court battle to force police force to take responsibility for permananent brain damage sustained by Guardian journalist

A cyclist who was left with permanent disabilities from severe head injuries he sustained when hit by a police car answering a 999 call in London is suing the Metropolitan Police for more than £1m.

The former Guardian journalist, Donald MacLeod, spent six weeks in a coma after being hit in Islington by a police car on its way to investigate a shooting in May 2010. He is still unable to communicate with those around him.

Now his wife Barbara is flighting a High Court legal battle to make the Met take responsibility for his injuries.

The police force argues that Mr MacLeod himself cycled into the path of the police car.

His barrister, Angus Withington told the High Court that Mr MacLeod had been working at The Guardian’s offices in Farringdon Road and went for a drink at a wine bar before setting off to cycle back to his then-home in Scholars Place, Stoke Newington, North London.

The police car, responding to reports of a shooting on the Wilton Estate in Hackney, was also travelling along Southgate Road with its lights flashing and sirens blaring, he said.

“It is Mr MacLeod’s case that he was proceeding in a northerly direction on Southgate Road, in advance of the police car, and he was struck from the rear and the right,” he said, according to Chronicle Live.

“It is said on his behalf that the driver of the police car simply failed to identify his presence in the road and that that was the cause of the collision.”

David Waters, representing the Met, argued that the collision had happened differently, saying that Mr MacLeod cycled out of Northgate Road or straight from the pavement into the police car’s path at the junction with Southgate Road.

Barbara MacLeod told the court: “He was absolutely safety-conscious and I clearly remember him one night taking the bus because he had forgotten his lights.”

Mr MacLeod’s sister Janet told the paper his survival had been miraculous.

She said: “They thought he would be completely brain damaged but he’s re-learning how to do things despite the fact he’s still incredibly disabled.

“His understanding of things has improved and, although he can’t communicate with us, he understands conversation and he laughs at us. He’s made amazing strides over just a few years.

“I think that’s largely because of the amazing love and care of my sister-in-law and the support of his family and friends.”

The case is expected to conclude in the coming week.

In the year of Mr MacLeod’s collision, we reported how an average of 12 road traffic collisioner per day took place involving vehicles belonging to the Metropolitan Police.

Metropolitan Police drivers responded to 2 million 999 calls in 2009/10 and covered 73 million miles in their vehicles during the year.

Scaled up, that would equate to a fatality rate of 137 per 1 billion miles driven, compared to a national killed & seriously injured rate, according to Department for Transport Statistics, of 85 in 2009.

In all, there were 3,015 people injured as a result of accidents involving a police car during the three-year period covered by the figures, which were released in response to a Freedom of Information request. Of those, 247 were pedestrians and 135 cyclists.

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47 comments

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Strangertothelight | 10 years ago
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The police aren't there to protect and serve society like we are told, they are simply there for social control and protection of property. We don't live in a democracy.

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Stumps | 10 years ago
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This is getting away completely from the original story but i'll give it one more go......

Elections are fought, won and lost on what the parties believe the public want to hear. When they win they bring in legislation they want and the vast majority of the time it has nothing to do with their election manifesto.

By all means lobby your mp and he / she may succeed in getting a very small amount of time to discuss a private members bill but if the general consensus is that its not suitable it wont get that far and if it does it will generally run out of time never mind getting through the house of lords.

The most your looking at is a question at pm's questions in which you will get a stock answer from a pm who will have been notified of the question a few days earlier and will have a prepared answer.

So if you still think the public decide on policy and legislation thats your prerogative.

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Stumps | 10 years ago
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Not being picky but when does the public vote on legislation ???????

No doubt you will go round in circles by saying the public vote for mp's and then they vote on laws so ultimatley the public vote  7

And if you believe that the mp's actually listen to you then well................  40

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BigglesMeister replied to Stumps | 10 years ago
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stumps wrote:

Not being picky but when does the public vote on legislation ???????

No doubt you will go round in circles by saying the public vote for mp's and then they vote on laws so ultimatley the public vote  7

And if you believe that the mp's actually listen to you then well................  40

Well actually it's called an election. That is the way it works and there is nothing circular about it at all. You need to get involved and write to your MP on matters that you consider important.

As there is not enough room for everyone in the house of commons, MPs vote on behalf of their constituents (the public) in the house every day. Constituents lobby their MP to try and influence them to vote in line with their wishes, if they don't then they lose public support and possibly their seat in the commons at the next election. It's called democracy.

You can check all the legislation that is passed into law by a majority vote in the house of commons by the publics representatives (MPs) right here at legislation.gov.uk.

For example the road traffic act ...

http://www.legislation.gov.uk/all?title=Road%20Traffic%20Act

I have written to my MP about issues I consider important - for example, I once asked why lights aren't included with all new bikes sold. The answer that came back from the then Minister for Transport (his dept) was actually wrong as it said they were. I wrote back etc etc - that is how it works.

I suppose you have a better idea, would that be a police state ????  13

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A V Lowe | 10 years ago
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It is interesting that the contract conditions for providing a bus service for TfL London Buses now mean that every London bus has 8 external cameras, and a set of internal cameras, recording continuously. The 100% coverage came steadily as each bus route contract came up for its 5-yearly renewal, in much the same way that it has been a legal requirement to buy only low floor buses since 1999, with the aim of having a fully low floor UK bus parc by 2020.

A simple policy decision to specify dashcams, vehicle monitoring systems etc for vehicles offered to the Police on their lease contracts, would presumably get the suppliers making sure they offered the best package with all the required features, in order to win the contracts. Fitting data recorders, and other technology might also reduce the damage to the cars, and thus enhance their value at the end of the lease period, so it would have the incentive of being in everyone's interest

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levermonkey | 10 years ago
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hoi polloi is ancient Greek for "the many" and means the majority/the great unwashed.

Pleb is Latin and comes from Plebeian. The Plebeians were the main body of free roman citizens and tended to be tradesmen and as such are one step down from the Patricians/Nobles. They could rise to noble rank (Crassus and Cicero were noble Plebs). I'm happy to be a Pleb.

Just as a side note.
Referendum is the question; Plebiscite is the vote. A vote by all the free people of a country eligible to vote.

Can we now get back to the actual subject of this comment string? Please.

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Cyclist | 10 years ago
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So by the the majority of the above posts, I take it then that none of you will any longer be using the police? As they are all lying perjurors and of no worth in this world. So, I suggest that when your bike gets nicked you don't call the police, your wife, child gets mugged/murdered don't bother, just man up and live with it, I am sure you will, as you all think the police are bent anyway so lets just handle it ourselves shall we? And if you you do find a thief in your house and call 999 don't worry about the response time as there is a speed limit.

Some of you and your comments truly come from planet mong and in real terms should just be put to sleep. Idiots.

Try doing their job for one day, let's see how most of you desk jockeys get on?

I sympathise with the family I do, however this relentless police bashing needs to stop, you don't like the relentless cyclist bashing do you, FFS. Who you gonna call when you get knocked off? The Fcuking ghostbusters. Go and live in Mombasa if you aren't bothered about having a police force see how long you last there.

Quis custodiet ipsos custodes

And that has always been a stupid saying! Who will police the polices police-ad infinitum.

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BigglesMeister replied to Cyclist | 10 years ago
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I live in a town centre and we don't call the police any more for anything, they simply don't turn up or if they do it's on a Sunday afternoon - must be double bubble. We certainly don't report bike thefts, or the army of police cars that drive through the no entry sign at the bottom of the street as it's the quickest way back to the station. Who's gonna police the police ? We the public are, fit cameras.

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Stumps | 10 years ago
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I hope the gent makes a full and healthy recovery.

My Police car that i attend emergency jobs in is a Vauxhall Astra 1.4 tdi, hardly 25K, its also fitted with a black box showing speed, direction, what lights / sirens were on, if any, and the location of impact. I cant comment on the Met but if they have them fitted then that evidence is crucial.

Has anyone seen the full report as to whether there was any independant witnesses ?

Only our motor patrol and firearms vehicles are fitted with cameras.

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jacknorell replied to Stumps | 10 years ago
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Stumps, I was referring to the cost of the vehicle once modified. There's a big load of computer stuff in the trunk, and I'm certain various other kit, bringing the value & cost right up.

I know the standard U.S. Ford Crown Victoria police car, once on the road, was about $50,000... So I'm actually assuming there's less cost on a British police car. I'm probably wrong and it's more!

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Stumps replied to jacknorell | 10 years ago
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jacknorell wrote:

Stumps, I was referring to the cost of the vehicle once modified. There's a big load of computer stuff in the trunk, and I'm certain various other kit, bringing the value & cost right up.

I know the standard U.S. Ford Crown Victoria police car, once on the road, was about $50,000... So I'm actually assuming there's less cost on a British police car. I'm probably wrong and it's more!

Sorry mate, its as cheap as chips to be honest. Really basic inside with no computer wizardry other than the little black box and it was commented on once that the Ford Focus we had previously the force got for about 7k.

All our cars are leased now not owned by us and we get them very cheap.

The only vehicles that are improved on are the firearms and traffic cars which are nearly all BMW's. They have all the cameras, computers, upgraded engines and body work etc but the cars you see being used by 24/7 officers are just a bog standard vehicle with lights and a siren.

I digress a bit but our force is having to save 65 million over the next 3 years so gadgetry is not something they pay for. I've also done a bit of digging and the Met do have black box technology installed in their vehicles, whether that is in all of them or not i dont know.

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BigglesMeister replied to Stumps | 10 years ago
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It's not just the cost of the vehicle and equipment that needs to be considered, it's the cost of the occupants as well. Two police officers, paid an average of say £30K (http://www.metpolicecareers.co.uk/newconstable/pay_and_benefits.html) add in perks, errs NI, pension etc we're looking at £40K per occupant - i.e. £80k per year. The cost of the car is neither here nor there, fit a GoPro and be done with it! One of the reasons behind public mistrust of the police is the proliferation of CCTV (pleb gate + channel 4 news), phone cameras (Ian Tomlinson) and YouTube. It's very easy to come to the conclusion that fitting cameras would not altogether be in the interests of the police - someone needs to remind them who they work for!

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Stumps replied to BigglesMeister | 10 years ago
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BigglesMeister wrote:

It's not just the cost of the vehicle and equipment that needs to be considered, it's the cost of the occupants as well. Two police officers, paid an average of say £30K (http://www.metpolicecareers.co.uk/newconstable/pay_and_benefits.html) add in perks, errs NI, pension etc we're looking at £40K per occupant - i.e. £80k per year. The cost of the car is neither here nor there, fit a GoPro and be done with it! One of the reasons behind public mistrust of the police is the proliferation of CCTV (pleb gate + channel 4 news), phone cameras (Ian Tomlinson) and YouTube. It's very easy to come to the conclusion that fitting cameras would not altogether be in the interests of the police - someone needs to remind them who they work for!

err - we work for the Govt, next daft question please. .

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mrmo replied to Stumps | 10 years ago
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stumps wrote:

err - we work for the Govt, next daft question please. .

Problem is the same as politicians, there are people who do the job because they want to help the community, there are those who do the job because they are on a power trip.

How you remind ALL Police that we pay their wages, that they are responsible to the general public. I guess that is the hard bit.

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BigglesMeister replied to Stumps | 10 years ago
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stumps wrote:
BigglesMeister wrote:

It's not just the cost of the vehicle and equipment that needs to be considered, it's the cost of the occupants as well. Two police officers, paid an average of say £30K (http://www.metpolicecareers.co.uk/newconstable/pay_and_benefits.html) add in perks, errs NI, pension etc we're looking at £40K per occupant - i.e. £80k per year. The cost of the car is neither here nor there, fit a GoPro and be done with it! One of the reasons behind public mistrust of the police is the proliferation of CCTV (pleb gate + channel 4 news), phone cameras (Ian Tomlinson) and YouTube. It's very easy to come to the conclusion that fitting cameras would not altogether be in the interests of the police - someone needs to remind them who they work for!

err - we work for the Govt, next daft question please. .

Exactly, and the elected government enacts the legislation (laws) which are discussed and voted for by the public. Therefore, in common with all public servants you work for the public!

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jacknorell replied to Stumps | 10 years ago
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stumps wrote:

Sorry mate, its as cheap as chips to be honest. Really basic inside with no computer wizardry other than the little black box and it was commented on once that the Ford Focus we had previously the force got for about 7k.

All our cars are leased now not owned by us and we get them very cheap.

The only vehicles that are improved on are the firearms and traffic cars which are nearly all BMW's...

I'm surprised! The Met vehicles have various computer widgetry and such, which I'm sure is quite costly.

Must differ a lot by force, but I'm glad to hear there's no cost where none's needed.

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Stumps replied to jacknorell | 10 years ago
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jacknorell wrote:
stumps wrote:

Sorry mate, its as cheap as chips to be honest. Really basic inside with no computer wizardry other than the little black box and it was commented on once that the Ford Focus we had previously the force got for about 7k.

All our cars are leased now not owned by us and we get them very cheap.

The only vehicles that are improved on are the firearms and traffic cars which are nearly all BMW's...

I'm surprised! The Met vehicles have various computer widgetry and such, which I'm sure is quite costly.

Must differ a lot by force, but I'm glad to hear there's no cost where none's needed.

Very true mate, put the money where its needed cos at the mo there isn't a lot being given to us by the govt.

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severs1966 | 10 years ago
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To be absolutely fair to the Met, they generally kill anyone they feel like, not just cyclists. Complaints against the police are never taken seriously, and complaints backed up by evidence will be suppressed using lies and conspiracies where necessary.
Lots of people - not just riders - have been run over or crashed into by cops on their way to crime situations or in pursuit of crims. The cops in question don't get punished, and the victims are generally not compensated.
This is just another one of those situations. Quis custodiet ipsos custodes?

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Ush | 10 years ago
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Quote:

They thought he would be completely brain damaged but he’s re-learning how to do things despite the fact he’s still incredibly disabled.

Good on him.

And shame on the Met for dragging his wife through the legal system.

Am not interested in Starsky & Hutch speeding to "a report of a shooting".

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giff77 | 10 years ago
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I was always of the understanding that the emergency services when on a call out were obliged to negotiate junctions and other road users safely and with caution. The only function of blues and twos is to make others aware of that vehicle's presence and their need to overtake, join a main carriageway or jump a red light SAFELY and not to endanger themselves or other road users. It is also recommended in the Highway Code that you pull over when SAFE to do so to allow the emergency vehicle to pass.

Sadly there are too many police drivers out there who disregard other road users when they have the opportunity to use their blues and twos and are so pumped up with adrenalin when responding to a call.

Maybe it is time that all station cars are fitted with cameras not to record the misdemeanours of others but to monitor the drivers behaviour on the road. These could be activated with the blues and twos and could then be used as evidence in a situation like this. Much the same way as bus companies now use external cameras.

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BikeBud | 10 years ago
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Wishing Donald MacLeod a full and speedy recovery, and best of luck with his case.

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anarchy | 10 years ago
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Flatfooted, do you not agree that every police car should have a dash cam?

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Housecathst | 10 years ago
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The police will lie at every opportunity, look at the Ian Tomlinson case.

If the family can win the civil case I wonder if the CPS will look into a criminal case not that ill hold my breath, how many deaths in custody have there been with not one officer being found guiltily.

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Flatfooted | 10 years ago
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I've serviced Met police cars for the last five years and only traffic cars have these "dashcams" that people are talking about and as they wouldn't be going to a shooting that assumption about the footage being lost is incorrect.

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jacknorell replied to Flatfooted | 10 years ago
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Flatfooted wrote:

I've serviced Met police cars for the last five years and only traffic cars have these "dashcams" that people are talking about and as they wouldn't be going to a shooting that assumption about the footage being lost is incorrect.

WTF doesn't every Met vehicle that can be used for rapid response / blue and twos have a camera?

Hmm, £150 piece of kit for a £25k vehicle (minimum)... Guess the Met does not trust its drivers to drive well?

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allez neg | 10 years ago
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Edit

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workhard | 10 years ago
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"Expert" police witnesses so sure of what happened that they have put forwards two possible explanations...  31

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levermonkey | 10 years ago
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1) We are the only creature on the planet that can exceed its own speed limit.
2) The human eyeball has not evolved since we gained this ability.
3) "Blues & twos" do not convey right of way or allow you deviate from the normal rules of the road.
4) Dashcams never seem to be working or switched on when their evidence would prove crucial.
5) Police Officers are human beings with all the frailties and weaknesses of human beings. They are just as likely to lie to cover their mistakes as the rest of us.

Just saying.  4

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wwfcb replied to levermonkey | 10 years ago
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levermonkey wrote:

.......
3) "Blues & twos" do not convey right of way or allow you deviate from the normal rules of the road.......

Just saying.  4

Blues & two's don't convey right of way, but Police officers do have certain driving exemptions, when it comes to observing speed limits, keep left/right signs and traffic lights, which are, I would suggest 'normal rules of the road'.

Just Saying

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nod | 10 years ago
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The police force investigated Stephen Lawrence's family for things to use against them, and their crime was to have a son who was murdered in a racist attack.

Who could honestly expect more from those morally corrupt cretins.

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