"Cycling Mikey" loses court case.

[ExBrit]

Until the Police either stand there & dish out fines, or they put a camera up & send out NIP's which I'm surprised they haven't done already, looks like a nice cash cow.

Or install those one-way tire shredders like they have at the exit of parking lots. Drive the right way - no problem, drive the wrong way - $1000 for new tires (sorry I meant 999 pounds for new tyres)

 

[Deleted member 26715]

Or install those one-way tire shredders like they have at the exit of parking lots. Drive the right way - no problem, drive the wrong way - $1000 for new tires (sorry I meant 999 pounds for new tyres)

Probably not as I'm sure the Police, Ambulance & Fire do exactly the same

 

[ExBrit]

Probably not as I'm sure the Police, Ambulance & Fire do exactly the same

Do you think Mikey stands in front of them too?

 

[Deleted member 26715]

Do you think Mikey stands in front of them too?

I've no idea do you want to ask him?

 

[Time Waster]

I've no idea do you want to ask him?

You might find him at gandalf corner! 😂

 

[Arrowfoot]

I doubt that. The CPS don't bring cases unless they have a good expectation of winning, and they don't like losing.

An offence has clearly been committed by the driver and whether is reported by an overzealous vigilante, a responsible citizen or a Police officer, prosecution must follow. There is nothing to think about - the camera clip is clear. Its no brainer and I doubt even 5 minutes was spent making the decision.

CPS cannot act as the judge and have to proceed with prosecution, unless there is a grey area. In this case bellend or no bellend who lodged the complaint, their hands are tied.

 

[Alex321]

An offence has clearly been committed by the driver and whether is reported by an overzealous vigilante, a responsible citizen or a Police officer, prosecution must follow. There is nothing to think about - the camera clip is clear. Its no brainer and I doubt even 5 minutes was spent making the decision.

In this case, I think you are right, and I really don't understand what arguments could have been used to geta not guilty verdict.

CPS cannot act as the judge and have to proceed with prosecution, unless there is a grey area. In this case bellend or no bellend who lodged the complaint, their hands are tied.

They have to act as a pre-judge/pre-jury.

In general, they will only bring a case if they believe there is a greater than 50% chance of a conviction.

 

[Time Waster]

And in the public interest I believe is another phrase. A lot probably gets dropped under the public interest criteria.

 

[Arrowfoot]

In this case, I think you are right, and I really don't understand what arguments could have been used to geta not guilty verdict.



They have to act as a pre-judge/pre-jury.

In general, they will only bring a case if they believe there is a greater than 50% chance of a conviction.

The driver was caught on camera and its a well known place for this particular offence. What 50% are you referring to in this case.

 

[DaveReading]

In this case, I think you are right, and I really don't understand what arguments could have been used to get a not guilty verdict.

They have to act as a pre-judge/pre-jury.

Bear in mind that the offences he was found not guilty of were assault and dangerous driving. He had already pleaded guilty to the traffic offence, and been fined for it, in the mags court.

In general, they will only bring a case if they believe there is a greater than 50% chance of a conviction.

I don't think the "50%" is cast in stone - the criterion is that there has to be "a reasonable prospect of conviction".

 

[Alex321]

The driver was caught on camera and its a well known place for this particular offence. What 50% are you referring to in this case.

The same 50% as in other cases. They clearly thought there was a better chance than that of getting a conviction, or they would not have brought the case to court.

I'm not sure why you think it is a well known place for this particular offence though. It is a well known place for the offence he pleaded guilty to (ignoring a Keep Left sign). Neither of the offences he was found not guilty of (Assault and Dangerous Driving) are particularly common there AFAIK.

 

[Alex321]

Bear in mind that the offences he was found not guilty of were assault and dangerous driving. He had already pleaded guilty to the traffic offence, and been fined for it, in the mags court.

True, but having seen the footage, it is hard to see why the jury thought it wasn't assault. Dangerous driving a little more understandable, given the low speed.

I don't think the "50%" is cast in stone - the criterion is that there has to be "a reasonable prospect of conviction".

You are right, it isn't set in stone, but it is the base they usually work from. As mentioned above, they also take into account other factors, such as whether it is "in the public interest" to prosecute.

 

[GilesM]

True, but having seen the footage, it is hard to see why the jury thought it wasn't assault. Dangerous driving a little more understandable, given the low speed.

Maybe members of the Jury just thought that Van Erp was a bit of a pr***, and therefore sided with the defendant, it''s not very hard to imagine. I expect that's why Lyon-Maris' solicitor advised him to go trial by jury.

 

[matticus]

Maybe members of the Jury just thought that Van Erp was a bit of a pr***, and therefore sided with the defendant, it''s not very hard to imagine.

Yes, that seems the most likely. But you can't run someone over just because they seem a bit of a pr***. That's not a good decision by the jury, if that IS what they decided.

 

[GilesM]

Yes, that seems the most likely. But you can't run someone over just because they seem a bit of a pr***. That's not a good decision by the jury, if that IS what they decided.

It may not be a good technical decision, but if somebody constantly interacts with people as Van Erp does, then they can hardly be surprised if large numbers of people don't warm to them, Jurors are only human. I've been knocked off my bike three times by d***h*** drivers, and I think Van Erp is a c***monkey, so what does the average none cyclist think.