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Lorry driver who killed cyclist eventually pleaded guilty following report commissioned by own defence team

Facing prison sentence

A Grimsby lorry driver who claimed he was blinded by the sun has pleaded guilty to causing the death of a cyclist by careless driving after initially denying the charge. Mervyn White, 64, made the decision as a result of a report commissioned by his own defence team.

The Grimsby Telegraph reports that White hit and killed 49-year-old Julian Barlow on July 27, 2014, when he drove his 18-tonne articulated lorry onto a roundabout at the junction of the M62 eastbound and A19 Selby Road at Whitley, near Goole.

The collision was filmed on a CCTV camera affixed to White’s cab. Speaking at York Crown Court, prosecuting barrister Richard Walters said the lorry driver had pulled out of a motorway slip road and onto the roundabout without stopping, his speed never dropping below 19mph. Walters added that Barlow, who was cycling round the roundabout, "had literally nowhere to go."

"Mr Barlow was wearing a red top and cycling in a completely appropriate manner, and was visible for some time," he said.

White told police he had been blinded by the sun, but Walters said it had been proven that the sun wasn't a factor.

White also tried to blame the position of his mirrors and the A-frame on his vehicle. However, he later conceded that he had been driving the same model of vehicle for the previous four or five years. The prosecution said this would have made him aware of any defects or shortcomings.

White was due to face trial after initially denying a charge of causing death by careless driving, but changed his plea to guilty after his own defence team commissioned a road-crash expert's report which showed he was clearly at fault.

Judge Paul Batty QC adjourned sentencing until September and gave White an interim driving ban until then.

"Your indication of a guilty plea was extremely late,” he said. “The case was set down for a trial before me and it was only last week that the court was informed that you would be pleading guilty."

Batty said that a custodial sentence was “very much at the forefront of the court's mind.”

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10 comments

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Jimnm | 8 years ago
0 likes

posted twice in error so erased text

Avatar
Jimnm | 8 years ago
0 likes

It's one of them, 'I never saw him' feckin tw@t. Fancy trying to wriggle out of killing someone. He must have no conscience. Like an earlier post stated, two months suspended sentence and a fine. If so, civil action should ensue!

Avatar
STiG911 | 8 years ago
12 likes

"White also tried to blame the position of his mirrors and the A-frame on his vehicle. However, he later conceded that he had been driving the same model of vehicle for the previous four or five years. The prosecution said this would have made him aware of any defects or shortcomings."

 

Well - two things:

If the mirrors are out of position, why TF did he set off in the first place?

If a lorry has defects or shortcomings, what is it even doing on the road?

This guy has done what many drivers do: barely looking before pulling out anyway, or looking, seeing a cyclist and trying to get in front of them for 'fear' of being held up - something that's happened to us all, I'm sure.

I'm amazed he didn't try to blame the wind for blowing the wrong way. Scumbag.

Avatar
cookdn | 8 years ago
14 likes

I don't understand why these cases involving commercial vehicles don't involve the Health and Safety Executive. This fatal collision effectively happened at the lorry driver's place of work.

Had the same thing happened at a distibution centre or on a building site then the HSE would be all over it. Repeated incidents would see company directors looking at serious fines and custodial sentences.

Avatar
atgni replied to cookdn | 8 years ago
11 likes

cookdn wrote:

I don't understand why these cases involving commercial vehicles don't involve the Health and Safety Executive. This fatal collision effectively happened at the lorry driver's place of work.

Had the same thing happened at a distibution centre or on a building site then the HSE would be all over it. Repeated incidents would see company directors looking at serious fines and custodial sentences.

Me neither, other than they'd be quite busy!

Scaffold collapse kills pedestrian on public road = HSE investigation

Scaffold Lorry (or other HGV or tractor or company car) kills pedestrian (or cyclist or car occupant) = nothing to see here!

Avatar
harrybav replied to cookdn | 8 years ago
3 likes

cookdn wrote:

I don't understand why these cases involving commercial vehicles don't involve the Health and Safety Executive

The HSE probably agree with you but their budget was cut by a third between 2011-15, with more to come no doubt. I think cutting red tape and "elf n safety gone mad" did well in the elections a few years back and here we are. At least we don't work in scaffolding!

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tritecommentbot | 8 years ago
9 likes

Two months from now: suspended sentence and a fine.

 

 

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PaulBox replied to tritecommentbot | 8 years ago
1 like

unconstituted wrote:

Two months from now: suspended sentence and a fine.

I think he'll get a 12 month driving ban too...

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vonhelmet replied to PaulBox | 8 years ago
4 likes

PaulBox wrote:

unconstituted wrote:

Two months from now: suspended sentence and a fine.

I think he'll get a 12 month driving ban too...

Which he'll appeal and have overturned on the basis that as a professional driver he needs to be able to drive.

Avatar
Dnnnnnn | 8 years ago
12 likes

Will he also be charged with attempting to pervert the course of justice and contempt of court?

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