Cyclist not guilty of causing pedestrian's death by "wanton or furious driving" after trial over "3mph" towpath collision

A cyclist has been found not guilty of causing bodily harm by wanton or furious driving in relation to an incident which saw him collide with a pensioner as he cycled on a towpath, the 81-year-old woman falling to the ground and dying in hospital 12 days later.

As with the recent coroner's inquest into the death of an elderly pedestrian in a collision with a cyclist in Regent's Park, in London, the criminal trial at Oxford Crown Court was subject to national media attention, such as the coverage seen in The Telegraph, and has again prompted some to suggest the need for 'dangerous cycling' laws that were postponed due to the general election, but which Labour has said it would introduce once it formed a government.

Edward Bressan, a university lecturer, was found not guilty by a jury who heard evidence relating to the incident on 20 November 2022 on a towpath near Iffley Lock in Oxford. Polly Friedhoff "sustained serious injuries to her head, arms and ribs" and died in hospital 12 days later.

The court heard the cyclist had rung his bell to alert Mrs Friedhoff and her friend Ewa Huggins before attempting to overtake to their left as they were walking on the right-hand side. Mr Bressan had slowed down and estimated his speed was "probably 3mph" when there was an "unavoidable" collision as "both of us were moving and both of us were trying to take some kind of evasive action".

While the cyclist told the court he does not have a "vivid memory" of "which part of the body or which part of the bicycle made contact", there was a collision and Mrs Friedhoff fell to the ground.

During the trial, a defence witness called Nicholas Proudfoot, a professor in molecular biology at the University of Oxford, suggested the incident was less of a collision and more a case of Mrs Friedhoff having "lost her balance".

He contacted the police two days after witnessing it and told the 999 operator: "The media is going on about a cyclist smashing into an old lady but it's not what happened. My impression is not that the bike directly ran into her. She didn't put her hands out at all and unfortunately fell over. My impression is very much that the lady lost her balance.

"She just flipped right over, she didn't put out her hand out to stop herself at all, she just ended straight on the concrete path, the impact going unfortunately on her head. The cyclist was not a hit-and-run kind of guy. He was very concerned and very much involved and trying to care for her. I just want to protect the cyclist."

In court, the prosecution suggested Mr Proudfoot may be biased after he admitted that he would "definitely describe" himself as "pro-cyclist", something the professor denied, stating that his positive view of cycling is more "to do with the media and press" being "anti-cyclist" and attacking "a wonderful way to get around when it's done safely".

Prosecuting, Andrew Johnson had argued that "that Mr Bressan's driving of his bicycle was reckless and that in overtaking the ladies, he caused bodily harm to Mrs Friedhoff", but the jury reached a unanimous not guilty verdict yesterday.

The court also heard from Ms Huggins who said she saw her friend "basically flying" in front of her before "falling flat on the towpath".

"Yes, at an angle and with incredible force actually, I can still hear her scalp hit the ground," she said. "I can't remember any shouting or bell-ringing before it happened."

Mr Bressan concluded that he was "very upset" and apologised for the "very unfortunate accident".

"However, I do not believe I was cycling carelessly or dangerously," he said. "I was fully aware of my surroundings and gave adequate warning for the pedestrians to move out of the way. She moved into my line and made the accident unavoidable."

This morning, the Telegraph has published an interview with Mrs Friedhoff's sons, both of whom say they are cyclists and argue that while they believe the "laws for prosecuting cyclists need to be updated" this should only come if cyclists are given "a safe space to cycle" and "more infrastructure".

> "Dangerous cycling" law will be passed following election, Labour confirms

Andrew, who is reportedly part of the London Cycling Campaign, told the newspaper: "This punitive approach, I don't agree with unless you give them what they need which is a safe space to cycle — this is crucial and it has not happened, it happens piecemeal or chaotically.

"The laws for prosecuting cyclists need to be updated and that's very clear. It's tribal and this is the problem. My personal view is that if you want cyclists to take more responsibility, then you need to give them more infrastructure. You give them more of a place on the road, and more infrastructure, then with rights come more responsibilities."

Mrs Friedhoff's brother Mike added his belief that the law needs to be updated. "The fact is part of the reason the evidence wasn't strong enough is that we haven't got a relevant law of the 21st century. We're talking about an 1861 law about a horse cart," he said. "It's ridiculous and it's irresponsible of the government not to put this right."

The family added that they believe Mr Bressan is a "decent man" who had "made a mistake".