A cyclist who felt threatened and “under attack” by a motorist in traffic reached into his car and took the driver’s keys from the ignition, before throwing them away, sparking a physical struggle on the street – and he was “right” to do so, a judge concluded this week.
The motorist in question, Peyman Nasser, was convicted of assault and engaging in threatening behaviour in Cork District Court on Wednesday, after Judge Philip O’Leary told him that his behaviour – which included lifting the cyclist’s bike by its saddle and falling on top of him – was “outrageous”.
The bizarre road rage incident took place on the afternoon of Sunday 6 June 2024, outside Cork’s famous English Market, in the city centre, the Irish Examiner reports. According to cyclist Thomas Sanctuary, he noticed Mr Nasser gesticulating while in traffic and tapped on his car window to “see what was wrong”.
The 60-year-old driver, Sanctuary told the court this week, “had no regard for anyone else on that sunny Sunday and that is why we are here”.
Sanctuary claimed that during the verbal confrontation that ensued he “just felt under attack”, deciding he would grab the motorist’s keys and throw them towards the footpath outside the English Market, because he was afraid Mr Nasser might follow him.
Mr Nasser told the court that he was driving slowly prior to the incident and saw Mr Sanctuary ride “very close” to his vehicle before telling him: “You are going to hurt yourself, mate”.
The motorist then claimed the cyclist punched his car, saying: “All of a sudden, the big bangs [were] coming”. He said he then asked the cyclist why he punched his window and attempted to “de-escalate” the situation, telling the court that he did not want to “physically interact” with Mr Sanctuary because “that is not the way to do things”.
An eyewitness testified in court this week that, after the cyclist threw the keys away, an altercation ensued, which saw Mr Nasser lift the cyclist’s bike and tip it over, causing Sanctuary to fall, before tripping and landing on top of the rider.
“Mr Nasser came after the cyclist,” Aaron Meade said. “He lifted up the back wheel fully off the ground and tipped it over. The cyclist fell.
“Mr Nasser seems to have tripped on top of the cyclist, not necessarily intentionally. The struggle was more trying to disentangle themselves more than physically assault.
“He was demanding keys. You could see the cyclist was very nervous, looking under cars. Mr Nasser kept insisting, ‘You get those keys’. It was under threat of violence is what I took from it.”
Nasser claimed that his car key was never found and that he was only able to drive off thanks to his partner’s spare key. However, Mr Sanctuary told the court that the key was, in fact, recovered.
The motorist, who called the police following the incident, was charged with assault and engaging in threatening behaviour, denying both charges.
On Wednesday, Judge O’Leary found Mr Nasser guilty on both counts, describing the incident as “classic road rage” and telling the driver that he should consider “maybe rage management or at least safe driving”.
“I am satisfied he is guilty of assault and Section 6 (engaging in threatening behaviour),” O’Leary concluded.
“It is a classic road rage incident. He was completely out of hand. The cyclist was right to take the keys out.
“He was threatening and aggressive. He did not care whether he hurt the cyclist. He lifted his bike by the saddle and knocked him to the ground and fell on top of him.
“It was a road rage incident. Your carry-on after – your intimidation of the injured party – was outrageous.”
The judge has sought a probation report to include assessment for a community service order, adjourning sentencing until June 23.
Defending Mr Nasser, solicitor Donal Daly claimed the 60-year-old restaurateur “was never involved in an incident like this previously”, while inspector Mark Keating said his only previous convictions were under the Road Traffic Act, including careless driving and speeding.
“He seems to have difficulty when he is in a vehicle,” the judge concluded.
9 thoughts on “Cyclist “right” to take car keys and throw them away, says judge – as driver convicted of assault following “outrageous” road rage attack”
The penultimate paragraph is a classic!
But how often has the joke been lost because some other court has taken what appears clear evidence of unfitness to drive as a defence (see Incompetence Paradox)?
A motorist who seems to have difficulty when he’s in a vehicle coupled with a repeat traffic rules offender shall have his driving licence revoked.
Good call from the judge here – but what can you do if the vehicle is a ‘keyless start’?
I have recently bought a robotic lawn mower and it has a big red ‘stop’ button on the top. Just a thought.
It’s a nice idea, but how do you get the road ragers to agree to have the implants?
… or persuade people to buy lawnmowers instead of lamborghinis?
(Actually … probably a bad idea as the wrong things would end up getting mowed).
-Judge O’Leary found Mr Nasser guilty on both counts, describing the incident as “classic road rage” and telling the driver that he should consider “maybe rage management or at least safe driving”.-
and
-“He seems to have difficulty when he is in a vehicle,” the judge concluded.-
Shouldn’t the police/DVLA use these statements as grounds to issue a significant ban?
Driving is a privilege, not a right.
I suspect the Irish authorities might have something to say about them exceeding their jurisdiction.
I think we had a fairly robust debate about the legitimacy of the jurisdiction of the United Kingdom in Cork a bit over a century ago already. 😉
O_o
A judge actually accepted the idea that removing car keys sensibly falls under self defence so isn’t TWOC!
Seen a couple of previous examples where my response has been ‘so the judge would rather I defend myself by causing enough injuries that the driver can’t threaten me with the car again than immobilise the car by taking the keys’