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Cyclist whose ankle was broken by angry pedestrian told that police won’t press charges

Queensland Police told James Stevenson his video of incident wasn’t proof of assault

 

Police in Queensland, Australia have told a cyclist whose ankle was broken after a pedestrian attacked him that they will not be pressing charges against his assailant because the video he provided did not constitute proof of assault.

The incident happened last October in Brisbane’s central business district as James Stevenson cycled to work along the pavement, which cyclists in Queensland are permitted to do unless there are signs forbidding them to do so.

James Stevenson was riding to work in October 2018 when he brushed past a man walking on the footpath.

He brushed past a pedestrian, who then turned around, chased after him  and punched him twice, causing Mr Stevenson to fall off his bike and break his ankle, with his foot still clipped into his pedal.

The man said to him: “F*cking get off your bike,” and "Do you want to f*cking have a go?"

In reply, Mr Stevenson said: “You're a big man walking away,” adding, “it's all on camera you w**nker.”

But ABC News, which has footage of the incident reports that no action will be taken against the assailant.

"They said the video evidence was not conclusive that he assaulted me," Mr Stevenson said.

"It's absolutely ridiculous — people can't go around acting like that — I hope they'll [police] reconsider their position."

In a statement, Queensland Police said: In order to commence a proceeding in a criminal jurisdiction it is necessary for police to consider if there is sufficient evidence for each and every element of the alleged offence.

"In this instance the evidence available did not reach that threshold. Both parties have been advised of the outcome."

Anne Savage, CEO of campaign group Bicycle Queensland, said: "We certainly would have liked to see this incident considered by a court.

"We will certainly be seeking to have the decision reviewed — I will speak to the officer in charge at the station.

"I will also write to the Police Minister conveying our extremely serious concerns at the way this has been handled,” she continued.

"We cannot remain silent on these types of incidents."

She added: "I hope never to see anything like this happen again and we certainly expected to see much stronger action," she said.

"We have one of the most aggressive road cultures in the world and it's playing out in ways that are completely unacceptable and that's not just against cyclists, it's also in the road rage that we see every single day."

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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27 comments

Avatar
Rick_Rude | 5 years ago
2 likes

Legs11 on the pop again. I remember your anti-palestinian ramblings and now you're on about Britain being entrenched in racism.

Brits haven't historically even had any property rights anyway. Feudalism didn't officially end until after the civil war? Let's face it, Brits have only really had any sort of real consumer based lifestyle posts WW2 anyway.

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Legs_Eleven_Wor... replied to Rick_Rude | 5 years ago
0 likes

Rick_Rude wrote:

Legs11 on the pop again. I remember your anti-palestinian ramblings and now you're on about Britain being entrenched in racism.

Brits haven't historically even had any property rights anyway. Feudalism didn't officially end until after the civil war? Let's face it, Brits have only really had any sort of real consumer based lifestyle posts WW2 anyway.

How can I be 'anti-' a non-existent people?

Curious.  

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dassie | 5 years ago
0 likes

Scary anger on display.  Shows the importance of obtaining a witness to events, if possible, particularly as the video may not show what happened.  The ped did not seem to deviate from his line at all - possibly on purpose, looking for a confrontation when passing contact was made.  Have to say I wouldn't cycle on a pavement, not that I'm victim blaming...

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brooksby replied to dassie | 5 years ago
1 like

dassie wrote:

Scary anger on display.  Shows the importance of obtaining a witness to events, if possible, particularly if the video does not show what happened.  The ped did not seem to deviate from his line at all - possibly on purpose, looking for a confrontation when passing contact was made.  Have to say I wouldn't cycle on a pavement, not that I'm victim blaming...

Well, you are, a bit  - from  the article "... which cyclists in Queensland are permitted to do unless there are signs forbidding them to do so."

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dassie replied to brooksby | 5 years ago
1 like

brooksby wrote:

dassie wrote:

Scary anger on display.  Shows the importance of obtaining a witness to events, if possible, particularly if the video does not show what happened.  The ped did not seem to deviate from his line at all - possibly on purpose, looking for a confrontation when passing contact was made.  Have to say I wouldn't cycle on a pavement, not that I'm victim blaming...

Well, you are, a bit  - from  the article "... which cyclists in Queensland are permitted to do unless there are signs forbidding them to do so."

OK, missed/didn't know about that  -  fair enough.  

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Mybike | 5 years ago
0 likes

I don't know how people in England could ride a bike. I be scared shit of the way they get treated. A cyclist brakes a mirror he has to pay. A driver kills a cyclist say sorry the sun was in my eye the judge say ok have a good day. I'm surprised the cyclist family never had to buy the driver sunglasses

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brooksby replied to Mybike | 5 years ago
0 likes

Mybike wrote:

I don't know how people in England could ride a bike. I be scared shit of the way they get treated. A cyclist brakes a mirror he has to pay. A driver kills a cyclist say sorry the sun was in my eye the judge say ok have a good day. I'm surprised the cyclist family never had to buy the driver sunglasses

Its not so bad as it sometimes appears  4

 

Where in the world are you based?  Is it better there??

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FluffyKittenofT... replied to brooksby | 5 years ago
1 like

brooksby wrote:

Mybike wrote:

I don't know how people in England could ride a bike. I be scared shit of the way they get treated. A cyclist brakes a mirror he has to pay. A driver kills a cyclist say sorry the sun was in my eye the judge say ok have a good day. I'm surprised the cyclist family never had to buy the driver sunglasses

Its not so bad as it sometimes appears  4

 

Where in the world are you based?  Is it better there??

 

It's bad enough to ensure the vast majority won't cycle.  The so-called 'cycle boom' has clearly petered out, even in London (elsewhere it barely got started).

 

Clearly it isn't better where the poster is based, unless it's the Netherlands.

 

In fact in general this is the era of 'the same shit happens everywhere'.  Populist strongmen (and local-flavours-of gammon) on the march, from Brazil to Turkey to Israel to India.  The world's going to hell in a golf-cart (going there in a hand-cart requires too much physical exertion).

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Legs_Eleven_Wor... replied to FluffyKittenofTindalos | 5 years ago
1 like

FluffyKittenofTindalos wrote:

It's bad enough to ensure the vast majority won't cycle. 

Which is exactly the desired effect.  It's for this reason that it's incorrect to say that government policies are 'failing' cyclists.  Government policies are not in any way designed to help cyclists.  They are designed to reduce the number of people cycling and - perhaps concomitantly - increase the number of people using cars. 

That helps the government, because it helps the petrochemical industry, whose CEOs are such generous benefactors of both the red Tories and the blue Tories.  

It's for this reason that nothing will change 'if Labour gets elected', unless the right-wing press fails in its frantic attempts to smear Jeremy Corbyn so frequently that he stands down.  Because if they succeed, it's highly likely that his successor will be as much a 'socialist' as was Tony Blair.

And so it goes on.  

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Mybike | 5 years ago
0 likes

I don't know how people in England could ride a bike. I be scared shit of the way they get treated. A cyclist brakes a mirror he has to pay. A driver kills a cyclist say sorry the sun was in my eye the judge say ok have a good day. I'm surprised the cyclist family never had to buy the driver sunglasses

Avatar
Mybike | 5 years ago
0 likes

I don't know how people in England could ride a bike. I be scared shit of the way they get treated. A cyclist brakes a mirror he has to pay. A driver kills a cyclist say sorry the sun was in my eye the judge say ok have a good day. I'm surprised the cyclist family never had to buy the driver sunglasses

Avatar
Mybike | 5 years ago
1 like

I don't know how people in England could ride a bike. I be scared shit of the way they get treated. A cyclist brakes a mirror he has to pay. A driver kills a cyclist say sorry the sun was in my eye the judge say ok have a good day. I'm surprised the cyclist family never had to buy the driver sunglasses

Avatar
Legs_Eleven_Wor... replied to Mybike | 5 years ago
0 likes

Mybike wrote:

I don't know how people in England could ride a bike. I be scared shit of the way they get treated. A cyclist brakes a mirror he has to pay. A driver kills a cyclist say sorry the sun was in my eye the judge say ok have a good day. I'm surprised the cyclist family never had to buy the driver sunglasses

There is no 'pleasure' for me in riding in England.  I do it to get to work, but at the weekend or on days where I'm not working, why get on the bike to be shouted at, abused, threatened and have my life placed in danger just because the fucking demented, self-entitled psychopaths they call 'drivers' can get where they're going four seconds earlier?

There is a deep, frightening 'sickness' in the British psyche.   We kid ourselves that we were once an open, tolerant society and well you know... it's only recently that we've become a little less welcoming and 'nice'.  But it isn't.  Britain is a fundamentally racist, discriminatory society where 'property rights' have been elevated to the level of a state religion, and where we worship before the feet of an effete and parisitic family whose every need is taken care of, and where no one sees the obscenity in a third of children growing up in poverty, whilst 'Duchess Kate' spends around seven or eight thousand pounds just on one dress for one evening out.   There was a time when this massive, shameful disparity between the haves and the have nots was not quite so blatant.  It existed, but it wasn't paraded so openly.  Now, they don't really give a shit.  The toffs have won, and they see no problem with rubbing our noses in it.  What are we going to do?  Revolt?  With what?   House keys?  

In such an intrinsically inegalitarian society, it is perhaps no surprise that the weaker are trod upon on a daily basis.  Whether it's the right-wing press sinking the boot into asylum seekers and calling them 'spongers', or it's the fat, balding black cab drivers telling cyclists 'get out ma fackin' why', the story is the same up and down the country: those with power keeping those without, in their place.  

Brexit it not the cause of our woes.  It is but one of the symptoms.  There is something seriously wrong with the British.  

But .. hey ho.  I'm leaving soon, so what do I care?   An English-speaking barrister is actually a reasonably sought-after commodity 'on the continent', which surprised me somewhat.  

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fukawitribe replied to Legs_Eleven_Worcester | 5 years ago
0 likes

Legs_Eleven_Worcester wrote:

There was a time when this massive, shameful disparity between the haves and the have nots was not quite so blatant.  It existed, but it wasn't paraded so openly.  Now, they don't really give a shit.  The toffs have won, and they see no problem with rubbing our noses in it.

Dream on, and go study history while you're at it.

Avatar
Legs_Eleven_Wor... replied to fukawitribe | 5 years ago
0 likes

fukawitribe wrote:

Legs_Eleven_Worcester wrote:

There was a time when this massive, shameful disparity between the haves and the have nots was not quite so blatant.  It existed, but it wasn't paraded so openly.  Now, they don't really give a shit.  The toffs have won, and they see no problem with rubbing our noses in it.

Dream on, and go study history while you're at it.

laugh

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burtthebike replied to fukawitribe | 5 years ago
2 likes

fukawitribe wrote:

Legs_Eleven_Worcester wrote:

There was a time when this massive, shameful disparity between the haves and the have nots was not quite so blatant.  It existed, but it wasn't paraded so openly.  Now, they don't really give a shit.  The toffs have won, and they see no problem with rubbing our noses in it.

Dream on, and go study history while you're at it.

As I understand it, inequality in the UK is wider than any time in generations, largely as a result of government policy, which gives tax cuts to the rich and takes money from the poor.

Avatar
fukawitribe replied to burtthebike | 5 years ago
0 likes

burtthebike wrote:

fukawitribe wrote:

Legs_Eleven_Worcester wrote:

There was a time when this massive, shameful disparity between the haves and the have nots was not quite so blatant.  It existed, but it wasn't paraded so openly.  Now, they don't really give a shit.  The toffs have won, and they see no problem with rubbing our noses in it.

Dream on, and go study history while you're at it.

As I understand it, inequality in the UK is wider than any time in generations, largely as a result of government policy, which gives tax cuts to the rich and takes money from the poor.

Yes you're absolutely right - it has increased in recent generations, largely for the reasons you give, but go back further and that changes. The idea that it's not been on such a scale, or so obvious, is just nonsense in a historical context.

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burtthebike replied to fukawitribe | 5 years ago
0 likes

fukawitribe wrote:

Yes you're absolutely right - it has increased in recent generations, largely for the reasons you give, but go back further and that changes. The idea that it's not been on such a scale, or so obvious, is just nonsense in a historical context.

"Rich getting richer while poor get poorer, official figures show – with ‘Brexit and benefits freeze to blame’"

https://www.independent.co.uk/news/uk/politics/inequality-benefits-freez...

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fukawitribe replied to burtthebike | 5 years ago
0 likes

burtthebike wrote:

fukawitribe wrote:

Yes you're absolutely right - it has increased in recent generations, largely for the reasons you give, but go back further and that changes. The idea that it's not been on such a scale, or so obvious, is just nonsense in a historical context.

"Rich getting richer while poor get poorer, official figures show – with ‘Brexit and benefits freeze to blame’"

https://www.independent.co.uk/news/uk/politics/inequality-benefits-freez...

Er, yes. Now try looking more than a few years back, look at the post-War years, search for things like 'Gini Coefficient', Peter Lindert's work on wealth inequality in England, the effects or the Industrial Revolution and so on and so on and further back. It's all quite interesting, somewhat counter to what Legs was saying though - which was my point.

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Run BMC | 5 years ago
1 like

I'm amazed that there was enough room for the cyclist to get past Fatzilla at all! Perhaps someone should lend him a bike...

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Accessibility f... | 5 years ago
4 likes

It's no surprise that vigilantism exists.  I know what I'd do if the police did nothing.

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Legs_Eleven_Wor... replied to Accessibility for all | 5 years ago
8 likes

Peowpeowpeowlasers wrote:

It's no surprise that vigilantism exists.  I know what I'd do if the police did nothing.

Recognising that the state is not going to act to protect you, and making a conscious and rational decision that the next time you are threatened (and there will be a 'next time'), you are going to defend yourself, is not 'vigilantism'.  

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Legs_Eleven_Wor... | 5 years ago
2 likes

When, when, fucking when are we going to learn?

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alansmurphy | 5 years ago
6 likes

Hopefully the accused will do the world a favour and self destruct - looking at him it shouldn't take long...

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Izaak30 | 5 years ago
5 likes

Madness! Out and out assault. How can there not be enough evidence?

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brooksby replied to Izaak30 | 5 years ago
7 likes

Izaak30 wrote:

Madness! Out and out assault. How can there not be enough evidence?

Because to Queensland Police, a cyclist cannot possibly be the victim.  I don't imagine that there's any possible evidence that could be provided to them that would convince them otherwise... Oh, and because they couldn't care less 

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schlepcycling replied to brooksby | 5 years ago
2 likes

brooksby wrote:

Izaak30 wrote:

Madness! Out and out assault. How can there not be enough evidence?

Because to Police, a cyclist cannot possibly be the victim.  I don't imagine that there's any possible evidence that could be provided to them that would convince them otherwise... Oh, and because they couldn't care less 

FTFY

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