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Justice (Lonpicman, Wikimedia Commons)Van driver claimed gust of wind made him hit cyclist
A van driver, who claims a gust of wind forced him to collide with a cyclist, killing him, has been sentenced to six months imprisonment and banned from driving for 12 months.
A jury at Stafford Crown Court heard that on 5 May 2015 Paul Maguire, from London, was taking part in a charity bike ride from Basingstoke to Kendal, and his route took him along the A5 in Tamworth when he was hit.
Dean Swift, 23, of Cheslyn Hay, Staffordshire, hit him from behind. Emergency services were called to the scene and, despite treatment for his injuries, Maguire died at the roadside.
Hit-and-run victim's family calls for tougher sentencing
The Crown Prosecution Service said weather at the time was overcast with moderate rain and a blustery wind. When Swift was arrested, he claimed the wind forced his vehicle into the path of the cyclist.
Swift was later charged with and found guilty of causing death by careless driving. He was given a six month prison sentence, suspended for two years, as well as being disqualified from driving for 12 months, and ordered to pay £2,000 in costs, according to the CPS.
Andy Gee, senior West Midlands Crown Prosecutor, said: "Although the conditions that day were wet and windy, Dean Swift would have had a clear sight of the road ahead of him and he would have had ample time to spot Paul Maguire riding his bicycle.
"A motorist in front of the defendant managed to complete a safe manoeuvre around the cyclist. However, Swift failed to safely pass the victim and, as a result, his van collided with him.
"The defendant's driving fell below that expected of a competent and careful driver, which tragically resulted in the death of Mr Maguire."
Mr Maguire’s family, who attended the five-day trial last month, thanked other motorists that stopped and helped.
Laura Laker is a freelance journalist with more than a decade’s experience covering cycling, walking and wheeling (and other means of transport). Beginning her career with road.cc, Laura has also written for national and specialist titles of all stripes. One part of the popular Streets Ahead podcast, she sometimes appears as a talking head on TV and radio, and in real life at conferences and festivals. She is also the author of Potholes and Pavements: a Bumpy Ride on Britain’s National Cycle Network.
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15 comments
Firstly my condolences to the friends and family of Paul Maguire,
But where do I start on the pathetic sentencing, this tit who is obviously a danger to everybody else on the road has walked away from court (dependent on behaviour) scott free! Not even an extended retest to get his licience to kill, sorry drive back.
They should add 4 years for perjury; he knows full well that the wind had nothing to do with it.
"Hit from behind". I can imagine an extremely blustery wind turning a dangerously close pass into a hit. I do not believe that the wind was strong enough to push a van from behind into a cyclist....
On a different note, why the hell isn't the fact that you killed someone enough to prove that your driving was dangerous? FFS, we lock people up for years for walking around with a kitchen knife ..
Disgusting. Somebody died.
RIP
Years ago I got a deserved 12 month ban for an accident that included a couple of fairly minor injuries, nothing anyone needed a hospital stay over.
Now it seems you can kill people for the same punishment. Ludicrous.
I do think the bit of the story in bold is misleading - the 6 mths are suspended. The guy is not imprisoned.
Next close pass and the wind blew my D Lock through the car window hitting the driver in the face 15 times
More and more I get baffled, I can go and punch Dean Swift in the face, brake his nose and recieve a stiffer sentance than this.
Oooh, a new excuse to add to the list
FFS
A 12 month ban? An absolute f..king disgrace!
< Insert words of frustration and anger here>
Then wait for the next one, wonder if it'll be me or you.
Ridiculous defence and sentence. The wind was so strong as to blow a van into a cyclist but not strong enough to blow the cyclist off the road altogether! That was a highly selective gust of wind ....
come on, own up, who hacked Willo's account ?
I think it's a Jeckyll & Hyde thing. No-one's questioned whether the cyclist had hi-viz or was wearing a helmet (presumably not as otherwise he'd still be alive).
It's a great pity that Mr Maguire's death wasn't suspended for two years.
It's rather a shame Mr Swift hasn't been suspended for two years.