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Video: Driver guilty of charges including common assault after knocking cyclist off bike

Essex Police release footage of incident which happened in Colchester last year

An Essex man has pleaded guilty to dangerous driving, actual bodily harm and common assault after he swerved into a cyclist, sending him into a set of railings.

The victim, aged in his 30s, was not seriously hurt in the incident, which happened on Friday 13 May 2016 as he rode with a friend along North Station Road in Colchester.

According to Essex Police, the motorist, Ashley Wallace Merrett, aged 30 and from West Bergholt, had braked heavily, with the cyclist then making a gesture at the driver.

Merrett then swerved into the rider, knocking him from his bike and he needed to be treated in hospital for his injuries.

The motorist drove off but was arrested later the same day.

On Monday at Ipswich Crown Court, he pleaded guilty to the three offences he had been charged with, and he will be sentenced in February.

Essex Police publicised the case on their Facebook page, together with the video, on their Facebook page.

However, the force has come under intense criticism this week for failing to charge another driver, also in Colchester, after an incident in which he used his car to knock a cyclist from his bike, then got out and assaulted him.

> Video: No charges against driver filmed knocking cyclist from bike and assaulting him

 

 

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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35 comments

Avatar
Hirsute | 6 years ago
0 likes

Comments on the local paper webpage are depressing
"Shutupyourface21st December 8:19 pm
So the top and bottom of this story is the cyclist gave it the big one then got a slap!

Time to grow up and get a car"

http://www.gazette-news.co.uk/news/15784834.Cycling_campaigner_blasts___...

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TedBarnes | 6 years ago
2 likes

unbelievable. I can't understand why they settled for ABH rather than GBH. 

However, for everyone mentioning attempted murder, for once that's not the CPS's fault. For actual murder, it has to be proved there was intention to kill or intention to commit GBH. That's how people get convicted for murder where they've punched someone and they've fallen over and smacked their head on a kerb. If the person dies, intention of GBH is enough. 

However, for attempted murder, it is only intention to kill which is enough. There is a logic to this - otherwise, anyone done for GBH could also be done for murder, whether or not the person died. 

That's all fairly pedantic and going off topic. So going back to my first point - seriously, only ABH for using 1 ton+ of metal to attack someone like that??

I would also wholeheartedly support the view that anyone convicted of deliberately using a vehicle to attack another person (as proved by the ABH charge) should lose their license for life. As many others have said many times, driving needs to be seen as a privilege, not a right. 

 

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Yorkshire wallet | 6 years ago
1 like

I emailed and asked if they did a 2 cyclists for the price of one offer. 

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Username | 6 years ago
3 likes

Anyone found quilty of using a vehicle as a weapon should lose their licence for ever.

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jlebrech replied to Username | 6 years ago
0 likes

Username wrote:

Anyone found quilty of using a vehicle as a weapon should lose their licence for ever.

 

they should be banned from any form of transport other than having to walk in the middle of the road against traffic.

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robertoegg | 6 years ago
0 likes

Aha, you don't actually see the motorist strike the cyclist in the second one do you? He should have his camera adjusted to be able to capture it. <--- this is a genuine response from Surrey Police to my submission of video evidence showing an irate driver ramming me from behind.

I don't bother now, I know the police do not care about me on my bike.

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EM69 | 6 years ago
1 like

My god what have we come to, terrorists don't get away with this but certain motorists seem use it as normal practice when they see a cyclist and the red mist comes up. Should never be allowed near a car again. 

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Supers79 | 6 years ago
1 like

Idiot! Similar thing happened to me, no video but an independent witness who told the police the man swerved into me, police didn’t want to know. 

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The _Kaner | 6 years ago
1 like

That was attempted murder, surely.

There are no circumstances that would (should) allow 'a person' to behave in that manner.

That was a deliberate act (wanton and furious driving?)....

Hope he gets his 'cute little ass' seen to by big bubba in the clink.

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Dr_Lex | 6 years ago
2 likes

Would that be Ashley Wallace-Merrett, owner of AWM Auto Services,  Colchester? Telephone number 01206 242254? Website http://www.awmautoservices.co.uk/ ?

Charge should have been attempted murder but then the cyclist wasn't a copper.

 

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brooksby replied to Dr_Lex | 6 years ago
4 likes

Dr_Lex wrote:

Would that be Ashley Wallace-Merrett, owner of AWM Auto Services,  Colchester? Telephone number 01206 242254? Website http://www.awmautoservices.co.uk/ ?

Charge should have been attempted murder but then the cyclist wasn't a copper.

 

I hope that you are VERY sure you've got the right person...?

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georgee replied to brooksby | 6 years ago
4 likes

brooksby wrote:

Dr_Lex wrote:

Would that be Ashley Wallace-Merrett, owner of AWM Auto Services,  Colchester? Telephone number 01206 242254? Website http://www.awmautoservices.co.uk/ ?

Charge should have been attempted murder but then the cyclist wasn't a copper.

 

I hope that you are VERY sure you've got the right person...?

 

The fact that google in the last 24 hours now shows the business as shut down would say absolutely yes.

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jigr69 replied to georgee | 6 years ago
0 likes

georgee wrote:

brooksby wrote:

Dr_Lex wrote:

Would that be Ashley Wallace-Merrett, owner of AWM Auto Services,  Colchester? Telephone number 01206 242254? Website http://www.awmautoservices.co.uk/ ?

Charge should have been attempted murder but then the cyclist wasn't a copper.

 

I hope that you are VERY sure you've got the right person...?

 

The fact that google in the last 24 hours now shows the business as shut down would say absolutely yes.

 

Nope the website is still up and running!

 

 

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don simon fbpe replied to jigr69 | 6 years ago
0 likes

jigr69 wrote:

 

 

Nope the website is still up and running!

 

 

That don't mean nothing. Except that the website is still running.

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burtthebike replied to georgee | 6 years ago
1 like

georgee wrote:

brooksby wrote:

Dr_Lex wrote:

Would that be Ashley Wallace-Merrett, owner of AWM Auto Services,  Colchester? Telephone number 01206 242254? Website http://www.awmautoservices.co.uk/ ?

Charge should have been attempted murder but then the cyclist wasn't a copper.

I hope that you are VERY sure you've got the right person...?

The fact that google in the last 24 hours now shows the business as shut down would say absolutely yes.

It would be such a terrible shame if his business went bankrupt as well.  I for one, will be sending him a suitable donation in the post, unless it's illegal to post a turd.

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Gourmet Shot replied to Dr_Lex | 6 years ago
0 likes

Dr_Lex wrote:

Would that be Ashley Wallace-Merrett, owner of AWM Auto Services,  Colchester? Telephone number 01206 242254? Website http://www.awmautoservices.co.uk/ ?

Charge should have been attempted murder but then the cyclist wasn't a copper.

 

Facebook page is down for the moment.....odd that isnt it

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brooksby | 6 years ago
0 likes

That was probably the worst incident footage I've watched on this site. Ever.

Un. F-ing. Believable.

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john1967 | 6 years ago
3 likes

surely that is attempted murder or the driver is just insane and should be sectioned.if this can happen to cyclists just because we are there then we are fucked,

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Izaak30 | 6 years ago
0 likes

Why has this taken so long to get too court? In a completely unrelated event today, why has this person been convicted already when the incident only happened Saturday?

 

http://www.bbc.co.uk/sport/football/42429178

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don simon fbpe replied to Izaak30 | 6 years ago
4 likes

Izaak30 wrote:

Why has this taken so long to get too court? In a completely unrelated event today, why has this person been convicted already when the incident only happened Saturday?

 

http://www.bbc.co.uk/sport/football/42429178

You must understand that there are many, and many complicated avenues of law which have to be investigated before the CPS has to concede that a not guilty verdict can not be achieved, resulting in the only option of prosecuting the cunt.

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50kcommute | 6 years ago
4 likes

Absolutely horrific, jail time and nothing less can be the only sensible punishment.

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BehindTheBikesheds | 6 years ago
4 likes

dangerous driving case in st.helens (reported via BBC news site) which resulted in a female pedestrian on the footway being wiped out and sustaining serious head injuries amongst others got a 15 month suspended and a 3 year driving ban.

This fukcer should get at least 3 years for the assault with a deadly weapon which clearly has aggravating factors, but we all know how soft the so called justice system is.

 

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Biggus-Dickkus | 6 years ago
9 likes

Pressure should be brought to bear on the Essex police with regard to that incident eariler in the week. Appalling that nothing was done about it. The driver should have been prosecuted and banned at least for 1 year. That is the only way to reduce this type of crime. 

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PRSboy | 6 years ago
7 likes

Why wasn't the driver also charged for failure to stop/report an accident, and most heinous of all, driving in a bus lane?

I will be interested to see his punishment. Guessing suspended sentence, 2 yr ban?

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DrG82 replied to PRSboy | 6 years ago
2 likes

PRSboy wrote:

Why wasn't the driver also charged for failure to stop/report an accident, and most heinous of all, driving in a bus lane?

I will be interested to see his punishment. Guessing suspended sentence, 2 yr ban?

History says less,

http://road.cc/content/news/84832-suspended-sentence-driver-who-used-cam...

3 month suspended, 1 year ban and 200 hrs community service.

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Valbrona | 6 years ago
3 likes

Essex Police = bunch of imbeciles.

Something is going wrong at the top of that organization, not the bottom.

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RobD | 6 years ago
7 likes

I used to live just around the corner from this roundabout/road catastrophe, I don't think it's the first time drivers have deliberately swerved at cyclists despite the cycle lane (which is barely wide enough. it seems to be an area that people drive too fast around trying to beat the lights and jump lanes to get ahead (not that it helps, the traffic around the whole of that area is ridiculous).

I'm glad this guy got caught, but as others have said, I fear his punishment will be far to lenient, if he'd hit a pedestrian with a metal bar (arguably a less dangerous weapon than a car) he'd be in for some sersious jail time.

Seems like essex police are trying to get some good publicity after the other story but have just highlighted how stupid them taking no action really was.

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DrG82 | 6 years ago
8 likes

I bet the driver is bracing hinself for a vicious slap on the wrist with a punative £80 fine and 3 points.

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Grahamd replied to DrG82 | 6 years ago
4 likes

DrG82 wrote:

I bet the driver is bracing hinself for a vicious slap on the wrist with a punative £80 fine and 3 points.

It's Christmas so will no be so severe.

 

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StuInNorway | 6 years ago
7 likes

The only difference I can think of in the 2 cases is that in one the footage is from the cyclist themselves, in the one where they prosecuted, it's taken from another vehicle and therefore classes as "independent", although exactly how a camera mounted on a helmet or in a windscreen  in itself can be independent or biased I am unsure, maybe it's something GoPro etc can fix with a firmware update ?
 

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