A jury at the Old Bailey has acquitted motorist Gail Purcell of causing the death of cyclist Michael Mason through dangerous driving. She stood trial after the Cyclists’ Defence Fund (CDF) crowdsourced more than £75,000 to bring a private prosecution, in what is believed to be a legal first. Both Mr Mason’s family and the CDF have urged the Metropolitan Police to review its investigation of the case.
Mr Mason, known as Mick, died in hospital shortly after his 70th birthday in March 2014, 19 days after he was hit from behind on London’s Regent Street by a car driven by Purcell, who told police afterwards that she had not seen him. He never regained consciousness.
The Cyclists’ Defence Fund, established in 2001 by national cyclists’ charity Cycling UK, raised funds to bring the private prosecution after the Metropolitan Police Service decided not to refer the case to the Crown Prosecution Service.
In a statement released after the verdict this afternoon, Mr Mason’s daughter, Anna Tatton-Brown, said: “My family and I respect the decision the jury have reached, although we are obviously disappointed.
“It seems that failing to be aware of what’s in front of you while you’re driving is an acceptable mistake, not careless, and that no explanation for that failure is necessary.
“We do, however, draw some comfort from the fact that the evidence was finally put to a jury, something that should have happened long ago.
“It should not have taken the intervention of CDF, and the support of many members of the public, to bring this case to court.
“Given that the Judge accepted that there was a case which the jury had to consider, we would hope that the Police will now conduct a review into their investigation, their rush to blame the victim, their refusal to seek CPS advice, and consider what lessons might be learned.
“My family would once again like to express our sincere and grateful appreciation for all of the support we have received in our search for justice for my much-loved Dad.”
CDF spokesman Duncan Dollimore commented: “While we accept the jury’s decision, CDF are disappointed and concerned about the message this conveys to the general public regarding driving standards.
“Careless driving is supposed to be driving which falls below the standard expected of a competent and careful driver. If failing to see an illuminated cyclist on a well-lit road is not careless driving, and no explanation for that failure is required, that reinforces the arguments Cycling UK has made through our Road Justice Campaign for many years: namely the definition and identification of bad driving offences needs urgent review.
“Notwithstanding the jury’s decision, we believe it was right to bring this case to court given the Metropolitan Police’s unwillingness to do so.
“We do question why the Police failed to obtain witness evidence from relevant eye-witnesses which the legal team instructed by CDF were able to secure. If they had done so they would have recognised, as the Judge did yesterday, that this was a case which rightly had to be put before a jury. We believe they should review their investigation practices involving vulnerable road users, and their engagement with the victims’ families.
“Both CDF and Mr Mason’s family would like to thank all those people who supported this prosecution. Although we can only be disappointed at the result, we hope that this case demonstrates why we need to look closely at how the justice system serves the victims of road collisions and their families, and whether the standards applied to decide what is, or is not, careless or dangerous driving are fit for purpose.”























106 thoughts on “Breaking News: Driver in Mick Mason case acquitted by jury”
Because of shit like this I
Because of shit like this I find that I’m behaving more hostile towards dangerous motorists as time goes on. I have a genuine feeling of helplessness and that I have to behave like a vigilante because the law won’t help me. Sooner or later I’ll probably hit breaking point and do something illegal. Because I feel as though I have to just to fucking stay alive.
I wonder if many people feel this way
danthomascyclist wrote:
I couldn’t agree more, I commute every day by bike and the stupidity and impatience is baffling. There is just not respect for human life because you’re on a bike. Because there is no fear of repercussion drivers feel it’s within there right to risk someone else’s life just so they can rush to be stationery at the next set of traffic lights or junction.
I thought about investing in a helmet cam, but I have read countless times on here that the police have very little interest in using this for prosecution.
It’s worrying and frustrating just how little responsible cyclists are protected. The caveat I will add though is that I do see some idiots on bikes (Not cyclists) with no regards for their safety or anyone else’s. Unfortunately we are all tarred with their brush.
danthomascyclist wrote:
no – I have no qualms concerning arbitrary legality
danthomascyclist wrote:
Yes, I think a lot of them do. But most of them are idiots who really, genuinely and truly believe that ‘violence solves nothing’. I wonder where they learned this guff. Maybe the Jews in the Warsaw Ghetto should have adopted that maxim. Maybe the allies during WWII should have just accepted that Hitler was going to win.
Violence works. Get used to it.
You want things to change, you’re going to have to use violence, because violence is being done to you.
Now … if you DON’T want things to change, then fine. Just shut the fuck up about it.
I wholeheartedly agree with
I wholeheartedly agree with you. The world is in such a state because the good people have become pussies and let selfishness win.
Outcome disappointing but not
Outcome disappointing but not terribly surprising.
As others have said, if she had done that to a policeman, an MP or big name celebrity* she would be looking at time in prison.
Yep.
Casually endangering other people’s lives and the way it provokes palpable terror makes me see red. The still from this article on road.cc about Sainsbury’s shocking response to a very, very close pass has me wanting to yank that driver from his seat and give him a dose of his own medicine.
* apart from Piers Morgan 😉
What must one do to be
What must one do to be convicted of dangerous driving when killing a cyclist?
Would a jury have acquitted her if she had failed to notice a small child crossing the road in front of her?
The message from this is clear: if you are brave enough to risk cycling on British roads, the justice system will not work on your behalf.
Words fail me.
Words fail me.
Grahamd wrote:
Here in NZ we’ve managed to go one further. There’s been 2 cyclist deaths, that although they resulted in trial, dangerous or careless driving wasn’t found. In both the cases, the driver admitted to having seen the cyclist, but ran over them anyway (unintentionally). Careless and dangerous driving both have to have continued for an amount of time. A single / momentary foolish / unconsidered move is deliberately excluded from both charges.
Shameful – if you can’t
Shameful – if you can’t explain a failure to see clearly visible objects/ other road users no other evidence should be necessary – you should be done for due care as a minimum.
So sorry for all the victims of this type of failure of our society and pray this spurs on a change to the UK legislation.
Thoroughly disappointing – if
Thoroughly disappointing – if not particularly surprising – result. So, what exactly do you have to fail to do nowadays to be counted as driving carelessly?
brooksby wrote:
Run over a judge, a policeman or a politician.
And the reverse applies obviously: if you are riding a bike and you collide with anything, you will automatically be found to be at fault.
This decision, which I find literally incredible, has declared open season on cyclists. If no explanation is required for not seeing a cyclist in front of you, behaving completely legally, why should any driver bother looking any more? They don’t even need to make an excuse any more, like the sun was in my eyes, or he was wasn’t wearing hi-viz.
I profoundly hope that CDF will be reflecting on this decision and organising some kind of protest and political campaign to get the deaf and dumb judiciary, police and politicians to start listening. The Justice for Cyclists campaign was admirable, but clearly hasn’t worked. Perhaps all the cycling organisations could get together on this one, even suspending other campaigns; this really is that important.
brooksby wrote:
drink, drugs or be a foreigner. Even mobile phone use is not sufficient to be convicted.
Disgusted.
Disgusted.
I will renew my economic boycott until the governments gets its priorities right.
Sad, but not deterred. If and
Sad, but not deterred. If and when it comes up again will keep donating. The problem really is legislation. People are voting for shit politicians based on tribal politics.
@Fatboy This will spur absolutely bugger all unfortunately unless a huge social media campaign kicks off on the back of it. In hindsight we know now that the money would have been better spent on getting this debated in Parlt. via a petition and media pressure.
Also, screw that jury. Wish I was there.
unconstituted wrote:
Agree with the sad but undeterred part. But I don’t think that we “know now that the money would have been better spent on getting this debated in Parlt.”
The fact of the matter is that cyclists are a distinct minority. I shall be bearing this in mind the next time I am called upon to act with fellow feeling for a motorist.
As regards screwing the jury… no thanks … but I do hope that something nasty and appropriate happens to each of them.
How many many of the jurors
How many many of the jurors drive I wonder? Impossible to get a fair hearing IMHO as I believe a majority will be of the opinion that it could be them in the doc one day.
Un. F***ng. Believable.
Un. F***ng. Believable.
We need a new offence of “causing death by driving” … take the whole careless vs. dangerous vs. compentent driver test out of the equation.
Edit: Or just treat it for whta it is – Manslaughter
Is there some technicality or
Is there some technicality or special feature of this case that has not been reported? I mean, on face value it just doesn’t make any sense.
P3t3 wrote:
Judges give juries direction on points of law – so the judge’s direction could easily lead to the acquittal. One of the issues is due to the CPS not prosecuting it indicates there was insufficient evidence in the first place to bring a prosecution.
On and I’ve always been told that most of what you say immediately at the scene of a car incident if you caused it would be discounted. It is only what you say later at a police station, other people’s evidence of what you were doing before the incident, camera evidence, whether you looked/smelled in toxicated etc that would count. This is due to the fact that you would be in shock after the incident so not in your normal state of mind. (I’m sure there was some court case about this.)
I know when one of my sisters’ got run over and killed the driver said he didn’t see her. Likewise when one of my brothers’ and myself saw a child get run over but not killed when arranging my mum’s funeral, the driver said she didn’t see the child. Neither were prosecuted. So the standard response for any car driver doing anything wrong is to say you didn’t see the person you maimed or killed.
Finally as the case took place in London there is likely to be non-drivers and cyclists on the jury. I know plenty of people who live in London and don’t drive plus many who cycle regardless of whether they drive or not. So it’s not about the jury’s own habits, which we don’t know about, but the fact that the standard of proof to get a conviction of any sort when you injure a more vunerable road user under current legislation is too high.
Bluebug wrote:
Right – so its just the way the case played out and a burden of proof issue then?
This is pretty logical though isn’t it. Its very very rare for a driver to hit anything with their car intentionally, especially a person, because the average person isn’t a violent murderer. When they say they didn’t see them, they really mean it.
I guess the standard that we hold drivers to is too low, my driver training never covered how to look, where to look, or any techniques to avoid not paying enough attention.
Which begs the question, what were they doing that stopped them seeing them? I cannot ever recall driving on the road and then suddenly realising there was another road user nearby that I had previously not seen. It’s a horseshit excuse and simply should not be accepted , if a car driver says this then they have obviously not been giving the road their full attention, and if you are not giving the road your full attention whilst travelling along at 30mph+ then you are IMHO being careless.
Oh this is shit. So very shit
Oh this is shit. So very shit. Shitty shitty shit cock monkey arse nipple twunts.
peted76 wrote:
Dont bottle it up like that: tell us how you’re really feeling.
Verdict amounts to free reign
Verdict amounts to free rein to mow down anyone in front of you if you drive a car with the simple explanation that you didn’t see them. Madness
It will be a brave politician
It will be a brave politician who addresses this issue. Car lobby just too strong. I’m not sure that jail is actually the answer – very large fines and long driving bans may be more appropriate. Italy have done this recently. Enforcement is difficult but the answer is to use the law as a deterrent – e.g. compulsory custodial sentence if you are caught whilst driving banned. Same if you are caught using a mobile more than once.
The Grauniad says that the
The Grauniad says that the jury deliberated for a whole seventeen minutes.
How the hell is that possible
How the hell is that possible?!
wellsprop wrote:
I don’t know. I wasn’t there.
Gutted.
Gutted.
What was the direction from the judge?
[Image result for cyclists
[Image result for cyclists friend photo]
trying to get a fair trial
trying to get a fair trial would be like trying to find a white man guilty of murdering a coloured person in the deep south of the USA in the 50’s or even 60’s…
Paul_C wrote:
Not just back then, but also applies to present day.
Is there anything else where
Is there anything else where you can get away with kill somebody so easily.
Perhaps walking across a motorway bridge with a couple of breeze blocks. somehow they fall off the side of the bridge and kill a motorist. You wouldn’t have to explain what happened, just shrug and walk away, no case to answer.
Was this a jury of delivery
Was this a jury of delivery van and black cab drivers? Either way, cyclists are f*cked when anything bad happens.
I know I’m a broken record on
I know I’m a broken record on the topic, but, honestly, I just can’t see, given what events like this say about human nature (namely, that human beings, as a collective group, are moral midgets with an incurable tendency towards power-worship), that there is any other way forward than pushing to keep motorised traffic and cyclists (and pedestrians) as far apart as possible.
And then to gradually increase the space allocated to the latter two and reduce that allocated to the first.
Legal enforcement and justice are just not going to happen. Human beings don’t ‘do’ justice, it’s not our ‘thing’ . But to me the hope about reallocating space is that it could potentially be self-sustaining, as it wouldn’t rely on humans being ‘good’.
More space for cycling = more cyclists = more self-interested support for more space for cycling, no ‘goodness’ required, it would be driven by self-interest, the most powerful force in the world.
Is there something we’re not
Is there something we’re not being told? If someone killed a pedestrian on shared use while cycling and the case got this far, I wonder how the claim “I just didn’t see them” would be viewed?
Acquited by a jury of her
Acquited by a jury of her peers. Most of whom will have been fed adiet of cycle hatred by the Daily Mail, the Telegraph, the Sun, the Standard.
But still. None of us gives a shit really, because if we did, we would do something about it. Every time tacks were spread over a cycle path, six inch nails would be dropped from an overhead gantry onto a motorway. Every time piano wire was stretched across a rural path, a paving stone would be dropped onto a car on a motorway. Every time a cyclist got abuse shouted at him at the traffic lights, he would toss his 3-KG D-lock through the windscreen of the car. And every time a gross miscarriage of justice like this happened, the murdering fuck would be located and dealt with.
But none of the above will happen, because oooh, ‘violence is wrong’.
Back to munching your bran muffins, the lot of you.
Legs_Eleven_Worcester wrote:
I like this approach:
Non-destructive and extremely inconvenient.
http://www.thedailybeast.com/articles/2016/03/31/stop-a-douchebag-russia-s-civility-heroes-cut-off-by-ministry-of-justice.html
Tricky to do from a bike, but would work nicely for, ooh lets see, Sainsburys vans parked on pavements 🙂
Legs_Eleven_Worcester wrote:
a jury of 12, 10-11 likely to be drivers, and half of those to be below average but all who consider themselves careful and competant.
also I think the failure of the polce and cps to act is in itself a potential cause for reasonable doubt – ‘why are we here? the police didn’t think she did anything wrong, it’s just those cyclists picking on this poor woman.’ etc etc
also, from the met polce report “Mr Mason was displaying lights on his bike, but these lights could have easily be lost to a driver’s sight in a busy London road in the dark where there are numerous other lights displayed.” So maximum brightness lights from now on.
Legs_Eleven_Worcester wrote:
Because, what would be the outcome of that war?…. Look to Northern Ireland, The middle east…
Because we know that eye for an eye solves nothing, and most of us wold like to solve this, not make it worse.
Because “In the ongoing battle between soft shelled bodies and 1.5 ton steel cubes, the soft shelled bodies have yet to score a significant victory” …. Sheldon Brown.
What you are suggesting is the equivalent of Belgium going to war against the USA. Unlikely to go well for Belgium. If Belgium has a problem with USA, they’re better off trying to politically take over the UN, and win the hearts of the rest of the world. Longer, more difficult, but with a higher chance of ultimately achieving their goal.
I originally thought that
I originally thought that this private prosecution was a waste of time and money as the result was, unfortunately, entirely predictable.
It has actually served to illustrate the inadequacy of current legislation.
If you can hit and kill someone because, by your own admission, you weren’t paying attention and be acquitted of any wrongdoing then it’s obvious that the legal framework of motoring offences is flawed.
Parliament should now be the focus of the CDF’s efforts, without changes in the law further prosecutions will achieve little.
Rich_cb wrote:
I agree whole heartedly.
Though i should say, private criminal prosecutions are never likely to be successful – the fact that the crown hasn’t prosecuted is likely to be highly prejudicial (perhaps the jury shouldn’t be made aware of who the plaintiff is?).
The last comment about
The last comment about helmets is plain wrong – I’m not going to go into the evidence (take a look at the just out Bike Nation if you want evidence) – but anyway it is completely inappropriate at this time. The fact is that he would have been seriously injured or dead anyway whatever he was wearing – this is about drivers being able to get away with not looking where they are going and victim-blaming – helmets are a red herring. (In fact, some of us have argued for years that helmets would be a red herring – and this comment, with the first part devoted to praisinbg helmets is a perfect example of this)
Your comments about the Mason family “being used” by the CDF are not only patronising, they are disgusting.
We need to keep pressuring on all fronts to get it across that not seeing someone in front of you is unacceptable. Saying that “seeing is an involuntary response” is, in the circumstances, well – I’m not going to be able to explain it to you.
bikelikebike, go shove that
bikelikebike, go shove that helmet up your fat arse.
Is anyone going to admit to liking his comment.
Well done for your restraint chairRDRF.
ktache wrote:
I liked it, not because I agreed with it, but because it challenges the consensus here, albeit in a clumsy way…
sure there will be anger and a feeling of injustice when something like this happens, and it does seem to happen an awful lot
– on the one hand we have people talking about violence, on the other, people raising lots of money to take it to an unsympathetic court, both of which seem a bit pointless and even counterproductive to anything resembling a just society…
personally I think the example set by Stop de Kindermoord in the Netherlands would be a better use of our time, energy, and money.
beezus fufoon wrote:
I don’t think “challenging the consensus” is in itself neccessarily a good thing. Maybe the consensus just happens to be right, although it is pretty damn uncomfortable to be part of it in this car-obsessed society.
As to what we do next – I have taken part in Stop the Killing protests (which are based on the Dutch example) and that’s something to do. But it doesn’t mean we give up on changing the current situation which is just inequitable, wrong and won’t work for people who want/need to get about by bke and on foot.
ChairRDRF wrote:
You say that you think the consensus happens to be right – can you explain to me how the focus on prosecuting (or persecuting) individual motorists will help change attitudes?
It seems the motorist is already quite comfortable playing the victim card, with the inflammtory “war on motorists” slogans of the gutter press, and the courts/justice system is equally motor-centric in its outlook – it seems to me that this idea of indivduals seeking justice (in whatever form) against other individuals has a limited effect on challenging the wider perceptions here.
beezus fufoon wrote:
If you think that a private prosecution is “persecution”, I’m afraid you don’t get it.
There is plainly a need for a package of measures. But there do seem to be grounds for suggesting that if you don’t see what is in front of you, you are guilty of a careless driving offence, and getting a succesful prosecution for that is reasonable. After all, it might send out a deterrent message.
If the prosecution is not succesful, as in this case, there are grounds for having offences of careless driving as summary offences with a magistrate making an objective decision which avoids (careless motorist sympathising) juries. There are also arguments for having clearer definitions of careless and dangerous driving, which CyclingUK have argued for. But whatever, trying to get prosecutions seems to me to be a reasonable – if certainly not the only – step to take.
I now believe it is legal to
I now believe it is legal to kill a cyclist. You no longer even need the excuse of low sun glare you can just say you didn’t see them.
Watch your ass and take no chances.
fine point beezus.
fine point beezus.
Re bikelikebike’s comments:
Re bikelikebike’s comments:
You’re wrong about helmets (see the chapter in Bike Nation for a summary of the evidence, although you are probably not interested). The only thing to say is that in this case – as in so many others – is that helmet wearing is a stonking great red herring: Mason would have been badly hurt or killed whatever he was wearing. The issue is that he was knocked down from behind with sufficient forcve to send him “flying through the air”.
The comment about the Mason family “being used by the CDF” is at best patronising and at worst disgusting. At the very least this episode shows the inadequacy of the law: basically you can be knocked down by someone who can just use SMIDSY as an excuse. Anybody concerned with the well being of cyclists (and pedestrians) should be appalled by this state of affairs. If indeed this is the way the law provides for people travelling about by bike, then the law is fundamnetally flawed.
As for the (emphasised) claim that “Seeing is an involunatry response”. Er, no, it is not.
There will always be those like bikelikebike who accept an unjust state of affairs. (And not just unjust, without change there won’t be a chance of reducing casualty rates and getting more people cycling for the general good). It’s more comfortable that way – but it won’t work for those of us who want cyclists to be able to get about without unaccepatbel levels of threat.
Today’s decision really does look like you just don’t have the right to get about outside a motor vehicle without your life being put at risk by a fellow human being who just happens to be using a motor vehicle.
ChairRDRF wrote:
— ChairRDRFAbsolutely.
Eye-tracking experiment finds drivers don’t see more than 1 in 5 riders
The uniformity illusion
http://www.londoncyclist.co.uk/raf-pilot-teach-cyclists/
There are loads more for anyone interested. But we really shouldn’t feed the troll.
http://thecyclingsilk
http://thecyclingsilk.blogspot.co.uk/2014/12/inquest-into-death-of-michael-mason.html?m=1
As these observations from the coroner inquest state, Mr Mason did not change lanes at all and was basically hit square on from the back while using good quality rear lights.
Clearly the jury had been prejudiced by the fact the police did not pass evidence to the CPS.
Clearly jury trials are not fit for purpose.
rliu wrote:
As there is no clear explanation as to why the driver didn’t see Michael Mason then an undiagnosed or undisclosed medical condition should be considered. As this driver is already responsible for one death then surely, for the safety of other road users, their driving licence should be suspended while a more extensive set of medical tests are carried out. At their insurer’s expense.
Strict liability, people.
Strict liability, people. Write to your MP. Be a pain in the arse.
As most people have said, it
As most people have said, it appears the onus is now on us to accept cycling as risky activity. No wonder people fear it.
It is now the same as people never getting prosecuted for assaults. Nobody would go out if thugs were given free reign on the streets. The blind are free to drive though.
“bikelikebike [1 post] 12
“bikelikebike [1 post] 12 hours ago
There was no CCTV of the accident. It was clear however….“
So there was no CCTV footage but you know what happened do you? Get back in your car and drive it off a cliff you obnoxious fuckwit!
To paraphrase Burke – All
To paraphrase Burke – All that it takes for cyclist killers to flourish is for good men to do nothing.
This is why we need new
This is why we need new legislation with a reversed burden of proof (yes RBoP’s are a part of legal systems). If you drive into the back of someone then that in itself is evidence of careless driving, unless you can provide evidence to the contrary.
Oh no witnesses, I did nothing wrong. A good example of when a legal principle is reduced to absurdity.
The current rules aren’t fit for purpose, that’s all. Doesn’t mean this driver didn’t do anything wrong. They did, and shouldn’t be on the roads. And they should be compensating the family.
@bikelikebike
@bikelikebike
The attached police complaint response only highlights how the legal system and the police have taken upon themselves to interpret causing death by careless driving in as lenient a way as possible.
One of the counter factors to charging Ms Purcell given is that Mr Mason’s rear lights could’ve been lost among the many lights of Regent Street. How this is a justifiable excuse is beyond comprehension and completely irrational. Maybe I should drive through red lights in future if there happens to be other light sources within a 10m radius? There are many lights in most urban locations, it’s not an excuse for not concentrating on the ones that matter.
The police investigation also says the fact Ms Purcell’s car did not swerve or change course is evidence she was driving carefully. This is once again absolutely incredible. To anybody with a brain that again just shows she was oblivious to potential dangers and basically ploughed straight into Mr Mason with no appreciation for his presence.
The criminal justice system in England is completely broken. Day by day I realise we live in a banana republic with Victorian era laws.
rliu wrote:
Spot on, I can drive in a straight line by wedging my knees agains the steering wheel while holding a video conference in my car, it’s evidence of fcuk all.
PS. Were her phone records mentioned at any time? Texts/calls sent/received?
Incidents like this make me
Incidents like this make me question our system here in the UK. It appears to be that cyclists are at the bottom of the ladder when it comes to the law, I suspect potholes are more important in some peoples eyes. Sadly, hundreds have cyclists have die din the last few years and no one cares. I am scared by what is now defined by a “competent driver”.
FrogBucket wrote:
It seems “competent driver” now means able to stick it in gear and drive in a straight line without hitting any other metal boxes (everything else on the road is fair game).
@bikelikebike
@bikelikebike
I’m assuming that Mr Mason wasn’t the sort of guy to ride around with a tesco set of lights on, besides which, this is just utter tripe
Mr Mason was displaying lights on the bicycle but these lights could easily be lost to a drivers sight in a busy central London Road in the dark where there are numerous other lights displayed.
Seriously? Is so little expected of drivers that they ‘lose sights’ of bike lights just because there are other lights about?!? Do you lose sight of car lights and play bumper cars every night?
Once I have spotted I cyclist on the road and I’m approaching, I do not lose sight at all until I’m past, and if the traffic is slow moving I still don’t lose sight as I expect them to be coming up the inside again or maybe even the outside (which I don’t like as much tbh).
Yorkshire wallet wrote:
I’m glad I have 2000 lumens of MagicShine with a non-German diffuser on paired with a flashing Knog, and a strobing Trek/Bontrager in the rear. Every time someone complains about such things I think “good, they saw me”.
http://road.cc/content/feature/159493-trend-spotting-should-we-all-be-using-lights-daytime
Ush wrote:
Yeah, the above quote does seem to be a thread-killer for any discussion as to whether lights are ‘too bright’. We have it here from the authorities themselves – if your lights are not brighter than anything else on the road, you can’t expect drivers not to drive into you and kill you. Surely that’s pretty much the end of the debate?
Ush wrote:
@bikelikebike
I’m assuming that Mr Mason wasn’t the sort of guy to ride around with a tesco set of lights on, besides which, this is just utter tripe
Mr Mason was displaying lights on the bicycle but these lights could easily be lost to a drivers sight in a busy central London Road in the dark where there are numerous other lights displayed.
Seriously? Is so little expected of drivers that they ‘lose sights’ of bike lights just because there are other lights about?!? Do you lose sight of car lights and play bumper cars every night?
— Ush I’m glad I have 2000 lumens of MagicShine with a non-German diffuser on paired with a flashing Knog, and a strobing Trek/Bontrager in the rear. Every time someone complains about such things I think “good, they saw me”. http://road.cc/content/feature/159493-trend-spotting-should-we-all-be-using-lights-daytime— Yorkshire wallet
Yes, it does sound as though making every driver squeal in pain is the only way to ensure they see you. At least if she’d done that, this killer wouldn’t have had her ” oh I nevet saw a thing that was straight in front of me” excuse.
Vaguely a propos of which, the Highway Code says you should be able to stop in the distance you can see to be clear. Not expect, think, hope or imagine to be clear. Does this bit not apply to drivers?
oldstrath wrote:
Playing devils advocate, Purcell *could* stop in the distance she could see to be clear.
Problem was, that distance *wasn’t* clear, was it, because she didn’t see the adult human on a well-lit bicycle right in front of her.
Just read a report which says
Just read a report which says that the borrowed car belonged to the hairdresser of the Duchess of Cambridge. Can anyone confirm?
Might just explain the reluctance of the police to properly investigate and pass on to the CPD, or am I clutching at straws?
Strict liability. Drive into
Strict liability. Drive into your MP on their way to their next constituency surgery while shouting ‘STRICT LIABILITY’ down a megaphone.
I’m not surprised one bit.
I’m not surprised one bit. This will have been the jury: “Well, we’ve all not seen someone , haven’t we? We all make mistakes. Not her fault, just bad luck, she just didn’t see him”.
For me, as already said, it
For me, as already said, it highlights the need for reform.
There are some good points here that need fleshign out and investigating / countering.. whatever.
For instance, the fact that there is no evidence of wrong doing in this case. without evidence there is no conviction.
Why is the fact that a driver literally drove into the back of a cyclist without deviating from their line or braking (until impact), not considered evidence of careless driving?
surely that is very clear evidence of lack of care?
This again comes back to strict liability. We don’t know if Mr Mason jumped out of a bush and into the path of the driver… and as far as I can understand, its that degree of doubt that means that the driver did nothing wrong. That is, to be frank, ridiculous.
She drove into someone without seeing them… it should be for her to prove why that was not negligent.
Then there is the comment about perfectly legal lights being ‘lost’ within other lights. If legally compliant lights are not regarded by law to provide sufficient location of a cyclist than they are not fit for purpose and need to be reformed.
If helmet use is being cited as contributory factors in these cases, then this needs looking at too. We need to know how much difference a helment makes and whether or not death would have been avoided. For convictions to count on this, then the myth of helment safety needs to be debunked, and the proven facts around helmet protection publicised.
There are plenty of points to come out of this case that need to be grabbed and acted upon.
Some drivers really are
Some drivers really are getting an easy ride in the courts :
http://www.stratford-herald.com/68627-driver-cleared-causing-mans-death.html
Driver admitted her car was in the opposite lane but had no explanation for how this happened.
She didn’t know – and was cleared.
fenix wrote:
Thanks for that fenix, a case just as perplexing as Mick Mason’s. I’m beginning to think that there might be a reason why I’ve never been called for jury service, being relatively logical, reasonable and able to follow a series of events and assign blame. Obviously qualities not shared by anyone on these juries.
burtthebike wrote:
I’ve luckily never (yet) been called for jury service. But I suspect that a good defence lawyer will do their very best to weed out anyone with two brain cells to rub together,as therefore acting in their client’s best interests.
The defence lawyer’s job is, after all, to either get their client off completely or to provide such mitigation that they get a slap on the wrist. And I would have thought that getting a sympathetic, or just stupid, jury would form part of that job.
brooksby wrote:
How are they weeding them out?
bendertherobot wrote:
Dunno. Perhaps ask them to add 2 + 2, or do they read the Mail, or do they drive a London black cab or a white van with a padlock on the door, something like that…
fenix wrote:
Story has been deleted from that website, but is still available here http://www.edp24.co.uk/news/crime/driver-melanie-last-passes-heartfelt-sympathy-to-william-s-plewman-s-family-after-she-is-cleared-of-causing-his-death-on-a146-near-thurton-1-4950102
burtthebike wrote:
That’s up there as Helen Measures levels of carelessness (ie. everyone except the jury think it’s massively careless to let your car go into the wrong carriageway without noticing…).
burtthebike wrote:
Having read that report, I have to say that is the craziest thing I have ever come across.
In some ways its refreshing to see that its not just cyclists lives that are being dismissed as immaterial, but honestly, how did this not secure a conviction?
Is a ‘lapse of concentration’ surely not the very definition of carelessness?
Lots of mentions of what the
Lots of mentions of what the victim was wearing but no mention the driver was driving someone else’s motability car as first reported.
Motability cars are congestion charge exempt aren’t they. So possible a car that shouldn’t have ever been there or was being wrongly used.
I really can’t see that just saying you didn’t see someone before the point of impact makes you innocent. I did think, wrongly it appears, that being aware of your surroundings was fairly important.
If that nutter who attacked
If that nutter who attacked the Houses of Parliament had just stopped after the crash – he’d have been able to use the same defence that the other driver used. He’d have walked off scot free.
“I accept my car was there and I am sorry that it happened. I am devastated about it.”
She added: “What I just don’t understand is why? No one has explained how or why and what I might have done to prevent it.”
Last said: “I don’t believe I did anything wrong.”
She said she could not recall doing anything to put anyone in jeopardy or why her car drifted.
Quick show of hands: who here
Quick show of hands: who here thinks bikelikebike is L. Willo reincarnated?
brooksby wrote:
Almost certainly. There can’t be too many people that stupid or argumentative.
I was picked for jury service
I was picked for jury service but when i got there i had to let them know my occupation and after sitting for 2 days i was told “you might as well go home as your never going to be picked by the defence” it seems actually knowing the law is detrimental to jury service!!!!!
Stumps wrote:
There is no ‘pick’ but there is challenge. The case law on police officers is, broadly, police officers may not be able to sit where there is a challenge to the police evidence but, otherwise, there is no issue. So it depends how many of those cases there were. Jury selection is random, this isn’t the US. But there may be cause to saitisfy the ‘challenge for cause.’ There’s no questioning of jurors so the bias has to be obvious.
bendertherobot wrote:
There is no ‘pick’ but there is challenge. The case law on police officers is, broadly, police officers may not be able to sit where there is a challenge to the police evidence but, otherwise, there is no issue. So it depends how many of those cases there were. Jury selection is random, this isn’t the US. But there may be cause to saitisfy the ‘challenge for cause.’ There’s no questioning of jurors so the bias has to be obvious. — Stumps
Actually I was picked to do jury service, just like everybody else. Your name is randomly selected for jury service and I was one of the ones picked out.
When you go you are asked straight away if your employment is one of a few they read out and you then have to acknowledge that it is. Once this is done the list of jurors is handed over and my occupation is listed so that the defence can view it and raise objections if required.
The senior prosecutor from the cps came and spoke to myself and another juror who was an officer from Durham stating that we could go home as we wouldn’t be selected for any case over the 2 weeks. There may not be an issue as you state but no defence barrister worth his salt will have an officer on the jury.
Stumps wrote:
There is no ‘pick’ but there is challenge. The case law on police officers is, broadly, police officers may not be able to sit where there is a challenge to the police evidence but, otherwise, there is no issue. So it depends how many of those cases there were. Jury selection is random, this isn’t the US. But there may be cause to saitisfy the ‘challenge for cause.’ There’s no questioning of jurors so the bias has to be obvious.
— bendertherobot Actually I was picked to do jury service, just like everybody else. Your name is randomly selected for jury service and I was one of the ones picked out. When you go you are asked straight away if your employment is one of a few they read out and you then have to acknowledge that it is. Once this is done the list of jurors is handed over and my occupation is listed so that the defence can view it and raise objections if required. The senior prosecutor from the cps came and spoke to myself and another juror who was an officer from Durham stating that we could go home as we wouldn’t be selected for any case over the 2 weeks. There may not be an issue as you state but no defence barrister worth his salt will have an officer on the jury.— Stumps
Your original statement was that ‘you’re never going to be picked by the defence.’ There is no pick as you acknowledge. The initial selection (to get to Court) is by computer and includes an almost unlimited selection of society including police, lawyers and Judges. Indeed, even senior judges have sat on juries since the law was changed. Any defence barrister worth his salt will know that he can only challenge cause if the circumstances allow it. So you can’t really be sent home until being selected for trial and then being considered whether you’re suitable (or not) of that trial. Being an officer isn’t enough. Knowing other officers in the case may be, and it will certainly be the case if their evidence is being challenged (accused of lying, or procedural).
I have to say I’m a little surprised the CPS sent you home.
bendertherobot wrote:
I think your getting confused with your own arguments. I stand by my point that you will not get picked. You see when you go in for jury service there is over 30 people in your group and that is slimmed down by discussion with the defence barrister for the trial. There are numerous groups within the court and some may sit for the whole 2 weeks and never get selected.
If you ever get picked for jury duty and there are officers in your group you’ll realise the error your now making.
Stumps wrote:
Slimmed down where? The defence barrister has no contact with you at all until the 12 are taken into Court. Where did you view these discussions given that the defence barrister (singular) is on one case and the selection is made randomly by the court before the ability to challenge exists?
Now, generally, more than 12 initially go in in case there is a challenge by the defence because for example they know a juror. Bit it’s never as many as you cite. And if you dont get on That case then back you go. There’s no challenge in law that you’re a police officer, judge or lawyer, as you’re sitting as a person. Some forces have agreements that you will sit on a different force area but that’s a different matter. But only the court service can release you, not the cps
Very few driving offences are
Very few driving offences are heard by a jury in Scotland. Accused persons generally cannot elect to have a jury trial unless they are likely to go to jail for a long time. Worth a thought?
She was never charged or
She was never charged or prosecuted for responsibility for his death. The jury never decided on her responsibility. Your lack of understanding of this is telling.
Does one not have
Does one not have responsibility for ones actions?
She drove a car into him. He is dead.
I suppose this comes down to
I suppose this comes down to the following… I don’t think driving is that hard. I don’t struggle to see things in front of me. I can look left, right, forward and behind as necessary, and in a sequence that does not leave blind spots big enough for a cyclist to sneak into unseen. I know this because it’s never happened in over 20 years driving.
It’s never been even close. Sure I’ve had closer moments where I’ve thought, ‘shit if I wasn’t looking mate…’ but the thing is, I was looking, not through luck, or the grace of God, but through competence and basic attention.
I am not exceptional at driving, far from it. My point is that driving is not rocket science.
The point that accidents happen, and that this incident was simply one of those things doesn’t wash with me. If so, if people aren’t expected to see what is in front of them, if it is accepted as being too much responsibility for a driver to be expected to make, then we need to re -evaluate the very premise of driving. It is clearly not safe to let people drive… they are not up to it.
That’s how I see it.
For me, there needs to be a reason why the woman failed to see the cyclist. If not, then there is a failure of duty of care. I get what the law says, but the law is wrong… I’m sorry, but it is.
The justification put forward is as sad as it is unacceptable to the majority.
I can’t believe bikeisbike, that should I drive straight into your children and took their lives, and said ‘I simply didn’t see them’ that you would be as sanguine with reciting the law as you are. Would you be as accepting that this was an unavoidable accident?
There is desperate need for reform.
Going back to presumed liability, surely it is just as bent and unfair as the current system… for all we know, Purcell was doing her make up. We don’t know, as you said, therefore there is no case to answer.
Equally, we don’t know if mason threw himself into the road in front of the car, we don’t know.
Changing the law to presumed liability simply moves the assumption from being the latter, to the former. Common sense would suggest Purcell wasn’t paying attention.
If mason pulled out in front of her, it should be reasonably possible for Purcell to argue that was the case. Was the impact at, or just after a junction? Is there evidence of reasons why mason may have moved into the carriageway in front of Purcell? If so, no case to answer.
SMIDSY should not be an accepted way of life.
Brilliant, the troll has now
Brilliant, the troll has now compared not seeing a cyclist (with lights on) to not seeing a horizontal cable deliberately positioned to be difficult to see and already difficult to see due to it’s size. One of which you should expect to be looking for (and seeing!) when driving a vehicle, the other you would not expect to normally look for while cycling.
Total cretin. If this troll has a driving licence i sincerely hope it is recinded… Or maybe they’ll get hit by a driver that didn’t see them leaving them with injuries which means they cannot ever drive again.
If a blind person looks but does not see, are they good to have a driving licence?
Cycling UK have an extremely
Cycling UK have an extremely informative review of the case here http://www.cyclinguk.org/blog/duncandollimore/mason-verdict
Makes it even more baffling, both the police’s failure to gather evidence and to take it to CPS, and the jury’s failure to convict.
burtthebike wrote:
it does show PC Brian Gamble to be not fit for purpose for whatever suspect reason
– “Gamble says anything up to five seconds to do something to avoid the child who runs into the road is fine.
His evidence was that reaction times when driving, for most people, are between one to two seconds, but that’s in daylight, and it “could be three to four seconds at night time”. On top of that, it’s not just about reacting, you then need to take avoiding action, and that could add another second. So, Gamble’s time to react and take avoiding action is anything up to five seconds. This hadn’t been in his original written expert witness report: he simply added it verbally in court.”
I recall doing jury service and it is unbelievable how much weight the police testimony carries, no matter how fanciful it is – I had to convince 11 other jurors that the police testimony was not that trustworthy in this instance – and the judge said he thought we’d reached the right decision!
burtthebike wrote:
Wow, that’s both scary and depressing to read. Institutional bias, ladies and gentlemen…?
brooksby wrote:
Yes, although I suspect mainly from ignorance and incompetence, rather than more sinister motives. People being shit at their jobs, experts not actually being very expert-like…
davel wrote:
Wow, that’s both scary and depressing to read. Institutional bias, ladies and gentlemen…?
— brooksby Yes, although I suspect mainly from ignorance and incompetence, rather than more sinister motives. People being shit at their jobs, experts not actually being very expert-like…— burtthebike
There has to be some reason she was left unchallenged to spout farcical nonsense about sacks of potatoes falling from the sky. I suppose all we can hope is that eventually her conscience will be strong enough to push her into doing the decent thing.
oldstrath wrote:
I was knocked over close to there and ended up literally having to be pulled out, still clipped in, from under the front of the car…
I asked for the drivers details and was refused, and when the police showed up they immediately assumed I was trying to con the driver – although to be fair they did relent somewhat when I told them how much the bike cost.
I get the impression that there are certain boroughs – Westminster, Kensington and Chelsea – where you are bound to get “profiled” due to the type of scum these places attract (and by which I mean both the Bentley drivers and those looking to prey on the Bentley drivers).
davel wrote:
Wow, that’s both scary and depressing to read. Institutional bias, ladies and gentlemen…?
— brooksby Yes, although I suspect mainly from ignorance and incompetence, rather than more sinister motives. People being shit at their jobs, experts not actually being very expert-like…— burtthebike
But the easy course would have been to refer the case to CPS, it took a lot of effort and special legal advice to not refer it, doesn’t appear to be anything to do with ignorance or incompetence. The police haven’t given a reasonable explanation of why they didn’t refer it, when that is what the guidance says they must do. Why would you not do something which required no effort and there was clearly a case to answer and is your duty according to the guidance?
It is reasonable to assume that one of the reasons that the jury acquitted was because the police had already decided that there was no case by not referring it to CPS.
This is merely one of several strange and concerning aspects of this case.
5 seconds.
5 seconds.
A driver cannot be expected to react in 5 seconds.
ktache wrote:
At 30mph you’d travel 67 metres in those 5 seconds, which is nearly three times the stopping distance shown in the HC.
Please god no:
Please god no:
“Following her acquittal, Mrs Purcell, of Colney Street, St Albans, is now seeking to recover some of her costs of fighting the case.”
http://www.standard.co.uk/news/crime/woman-cleared-of-killing-cyclist-in-britains-first-crowdfunded-prosecution-a3509201.html