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Pharmaceutical consultant who killed cyclist while driving on wrong side of road cleared of careless driving

“I can’t help it if a cyclist falls over as I’m approaching them"...

A pharmaceutical industry consultant has been cleared of causing death by careless driving after she hit a cyclist while overtaking on a bend.

Dr Helen Measures, 51, was overtaking two other cyclists and on the wrong side of the road when she hit Denisa Perinova, 21 on the A415 near Henley-on-Thames on July 15 last year.

The court heard that Ms Perinova was riding with her boyfriend, Ben Pontin, and lost control of her bike when she saw Dr Measures’ Mini heading toward them.

Dr Measures’ car hit Ms Perinova at up to 50mph, flinging her 15 yards into the entrance of a nearby field.

Mr Pontin said he saw Dr Measures make a “stupid manoeuvre” on a curve in the road, leaving him just a “tiny gap”. He felt his girlfriend’s wheels touch his bike and when he looked round she had been hurled into the entrance of a field.

“I just couldn’t believe the person driving had overtaken at that point,” he said.

Ms Perinova’s helmet was smashed. She was taken to Royal Berkshire Hospital in Reading and later transferred to a specialist neurological unit at the John Radcliffe Hospital in Oxford. She died a week later from her injuries.

It was her first ride on a bike that Mr Pontin had recently bought her.

"I would expect cyclists to remain upright"

During the trial Dr Measures claimed that Ms Perinova had fallen into her path. Sandra Beck, prosecuting asked her, “You are relying on other road users avoiding you when you are on their side of the road?”

“I can’t help it if a cyclist, with all due respect, falls over as I’m approaching them and comes into my line of travel,” Dr Measures said. “I would expect cyclists to generally remain upright as the first cyclist did.

“You do not make a manoeuvre if you don’t think it is safe to do so. Had everyone stayed upright, there would not have been an issue,” she said.

Dr Measures admitted she had not seen the oncoming riders as she decided there was “sufficient room” to slow down and pass.

She said she was “surprised” to see Mr Pontin and Ms Perinova coming toward her as came round the bend at 40 to 50mph, but felt they had room to get past.

“I had to make a decision of what to do. I felt the safest decision was to continue straight ahead because they were in single file. If I had been concerned, I would have stopped suddenly.”

The jury deliberated for three hours before returning a ‘not guilty’ verdict.

John has been writing about bikes and cycling for over 30 years since discovering that people were mug enough to pay him for it rather than expecting him to do an honest day's work.

He was heavily involved in the mountain bike boom of the late 1980s as a racer, team manager and race promoter, and that led to writing for Mountain Biking UK magazine shortly after its inception. He got the gig by phoning up the editor and telling him the magazine was rubbish and he could do better. Rather than telling him to get lost, MBUK editor Tym Manley called John’s bluff and the rest is history.

Since then he has worked on MTB Pro magazine and was editor of Maximum Mountain Bike and Australian Mountain Bike magazines, before switching to the web in 2000 to work for CyclingNews.com. Along with road.cc founder Tony Farrelly, John was on the launch team for BikeRadar.com and subsequently became editor in chief of Future Publishing’s group of cycling magazines and websites, including Cycling Plus, MBUK, What Mountain Bike and Procycling.

John has also written for Cyclist magazine, edited the BikeMagic website and was founding editor of TotalWomensCycling.com before handing over to someone far more representative of the site's main audience.

He joined road.cc in 2013. He lives in Cambridge where the lack of hills is more than made up for by the headwinds.

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103 comments

Avatar
tomilett | 10 years ago
6 likes

This is terrible and I absolutely agree that it is shocking that overtaking on a bend where the driver could not clearly see the oncoming traffic is considered "safe and careful driving".
I've had a number of incidents where people overtake coming the other way when I'm cycling, and it is truly terrifying to see a 2ton hunk of metal travelling towards me at 60+mph, only a foot or so wide of my handlebar. I cannot believe that is acceptable.
Other reports of the story do at least mention the driver "sobbing in court as she recalled the events", so I think the lack of remorse percieved is thanks to road.cc's reporting rather than a stone cold killer. - either that or some good acting to get off.
As for that councillor who thinks the answer to people getting killed on bikes is removing them from the road - absolute cretin. It's exactly like saying the way to stop rhino's from being killed by poachers is to get rid of all the rhino's. It's the drivers, not the cyclists that are the problem.
I'm just hanging on til the day that the oil runs out and everyone has no choice but to get on their bike to get to work every day - it will be bliss.

Avatar
Simmo72 | 10 years ago
4 likes

Amazing. What I understand is she was surprised to see the cyclists heading towards her on their side of the road as she overtook another cyclist whilst going around a corner.

That is F*****g negligence. If you can't see around a corner it is not safe. it might have been a lorry around the corner (I wish it was, she would be the victim rather than an innocent).

I'm sick of this protect the motorist gobs**ite.

Scum driver, scum judge.

Avatar
workhard | 10 years ago
1 like

Summing up, Mr Janick Fielding the defence barrister said: “Ben Pontin said it was a stupid decision to overtake. It was nowhere near as stupid as Mr Pontin’s decision to put Denisa Perinova on that bike in the first place.

“He ought not to have been so reckless with the life of his young girlfriend and he failed with terrible consequences.”

Judge Patrick Eccles QC told the jury they would have to consider whether Dr Measures’ driving was careless and set in motion a chain of events which led to Miss Perinova’s death.

The jury of 10 women and two men took three hours, 50 minutes to return a unanimous not guilty verdict.

Avatar
farrell | 10 years ago
4 likes

A letter by Denisa Perinova's parents.

http://www.henleystandard.co.uk/news/news.php?id=1363185

I can't shake the feeling that Helen Measures is a scumbag and a weasel.

Avatar
barryoz | 10 years ago
5 likes

My God, that is heart-breaking, Denisa was lied about in court and in the press, she wasn't a novice cyclist at all, that was a pack of lies.

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mrmo | 10 years ago
0 likes
Quote:

Dear Mr O’Loughlin

Thank you for your email to the Attorney General's Office.

As the jury in the case of Dr Helen Measures found her not guilty and she was subsequently aquitted, no sentence was imposed and it will therefore not be possible for this office to review this case as unduly lenient.

Full details of the unduly lenient scheme can be found on our website, the address is: https://www.gov.uk/complain-about-low-crown-court-sentence

Yours sincerely

James Ross
Correspondence Unit

so where next!

Avatar
zeb | 10 years ago
0 likes

 31 Digusting.

Avatar
mrmo | 10 years ago
0 likes

written email to DoT now, suspect i won't get a worthwhile reply. But i think it is upto everyone to make it clear that killing by negligence and disregard of the law is not acceptable. Whether with a gun or a car it makes no difference.

My understanding of the Dutch situation was that the people had enough and forced the politicians to change. It has to start somewhere in the UK!

Avatar
JonD | 10 years ago
3 likes

"If I had been concerned, I would have stopped suddenly."

Even allowing for ABS, at '40-50' around a corner - which presumably was too short to see all the way around - I find it difficult to believe that would have made any difference.

The jury, rather than the law, is an ass (and that's putting it politely)

Avatar
Karbon Kev | 10 years ago
5 likes

dear god, why didn't this idiot just WAIT until after the bend? You do NOT overtake anything on a bend.

Disgusting irresponsible driving ....

Avatar
mrmo | 10 years ago
3 likes

Can anyone explain something to me, i know it is for the jury to make a decision, but i thought the judge tended to guide the jury?

Is this right or wrong?

We obviously have 12 people here who feel that overtaking on a bend is acceptable, i could argue that we have 12 people who should be immediately stripped of their driving licences!

Avatar
Owen Rogers | 10 years ago
1 like

I have not read all the replies here, so I may be missing something.

The failure to convict is likely to be the fault of a gullible jury influenced by a smart barrister.

It may be the fault of the investigating officers and the prosecutor failing to present the evidence well enough, though I doubt it.

What this is definitely is an absolute tragedy.

It seems to me that juries can be made up entirely of motorists, but there would be outcry if one were to consist only of cyclists. There must be some balance, somewhere. How that is to be achieved, whilst still retaining the principles of justice and the being innocent until proven guilty, is beyond me and probably most of us.

Avatar
Blue Coastguard | 10 years ago
3 likes

Two points come to mind on this:

1. If it had been another car instead of a bicycle and they swerved to avoid a collision and were killed would the defendant have got off? I doubt it.

2. I think the barrister has to take some blame here. It is their job to convince the jury that the accused is guilty and in this case it would seem that a competent barrister should be able to convince the jury that the driver was responsible for the death.

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thebungle | 10 years ago
0 likes

Can I be the one to point out that it was cyclists she was overtaking and not another vehicle, I would suggest that the majority of A roads are wide enough to accomodate bike - car - bike, also note it was a curve in the road and not a blind bend.

Tragically it would appear that the poor girl did not have the bike handling to cope with whatever unexpected circumstances being out on the road could throw at her.

Avatar
ronin | 10 years ago
1 like

*Advice*

Individuals who are involved in such heinous disregards for the sanctity of human life need only do the following:

Say you heard the driver say 'Allah-ho-Akbar'. The law will then regard it as a terrorist incident and the perpetrator will get at least 10 years.

Avatar
BBB | 10 years ago
0 likes

What a f*****k ignorant and stupid c**t.

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Sadly Biggins | 10 years ago
3 likes

I hope that Dr Measures revisits what she said and realises how callous it sounds. She is responsible for another person's death after all, regardless of whether or not her driving was adjudged to be careless in the eyes of the law (and it sounds pretty careless to me).

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alronald | 10 years ago
1 like

A case so awful not even Daily Mail readers are defending the motorist (although of course the DM is keen on portraying the driver as an upstanding citizen)

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Lungsofa74yearold | 10 years ago
1 like

What worries me is the apparent lack of any remorse on driver's part. Any normal person would be destroyed by an incident like this regardless of who was to blame. Her remarks are all about shifting blame as if she were contesting a parking ticket. The worrying thing is she doesn't seem to see that she has done anything wrong. Hence she won't modify her behaviour and is likely to continue driving in the same reckless fashion. Another accident waiting to happen. Shocking.

Avatar
ridemybike | 10 years ago
0 likes

How does this even compare to this story:

http://road.cc/content/news/75712-motorists-jailed-separate-dangerous-dr...

A motorist is jailed after loosing control of his car with bald tyres and knocks off a cyclist ...

This woman didn't even loose control and KILLED a cyclist.

The Law in this country is a joke.

Avatar
Carl | 10 years ago
1 like

And if she'd been found guilty of careless driving, what kind of pathetic non-punishment would she have received?

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Leodis | 10 years ago
0 likes

Sickening.. The government are happy to cash in on GB 2012 but when it comes to law they are gutless

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miuzikboy | 10 years ago
0 likes

 20

That is all.

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james-o | 10 years ago
0 likes

"The jury deliberated for three hours before returning a ‘not guilty’ verdict."

Answer - juries should not be used in these cases. Bias. More likely to all be drivers, unlikely to be many cyclists in there.
What it shows, to me, is that 12 random people in this country think this was acceptable driving, maybe cannot see past the possibility of this happening to them as they take a similar risk while driving? Worrying / shocking.

You hit someone head-on on their side of the road, you're guilty. No clear view to ensure it's safe, wrong side of the road, guilty. How can that not be 'careless driving'?

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andybwhite | 10 years ago
0 likes

 102  20  2

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Stedmonkey | 10 years ago
0 likes

This story makes me so so sad.

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themartincox | 10 years ago
0 likes

@j_stromquist is the ceo of the company, I hope he cares!

feel genuinely numbed by this story, seems everything about it is just plain wrong!

Avatar
Argos74 | 10 years ago
0 likes

This is an insane, incomprehensible verdict. I just don't understand it. My sympathies to Miss Perinova's family and friends.

Dr Measures cannot be tried again. Sometimes juries do really stupid things, and sadly there was no Henry Fonda on this jury to stop it.

We can sit on our hands and froth at the keyboard, or get involved, and have a go at getting things changed. Bez's call for change in his blog post The Law and The Road: Things Must Change seems a damn fine start. Luckily I have a cycling pressure/campaign group near me, so that'll be the first port of call. Getting my hands dirty in CTC's Road Justice Campaign may also be on the cards.

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IanW1968 | 10 years ago
0 likes

What Pedro's said.

Personally I wouldn't be at all suprised if victims decide to seek justice without involving the law.

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paulfg42 | 10 years ago
0 likes

Jeez, blaming a cyclist on her first outing for panicking a bit when a car is speeding towards you round a bend at 40-50 mph. How do you practise the bike handling skills for that?

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