the snail
Guru
- Location
- Chippenham
I don't think it's anything to do with legislation, more that the CPS has limited resources, and take an over-cautious approach. Plus it was only a cyclist and nobody died.
Cyclist brings first private prosecution for dangerous driving
- Thread starter TwickenhamCyclist
- Start date
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- Tags
- cyclist
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Drago
Legendary Member
- Location
- Suburban Poshshire
And the obvious mistake in the reporting of the story is...?
flake99please
We all scream for ice cream
- Location
- Edinburgh
Unless the CPS can forcefully take over a private prosecution, I think your concerns are not necessary. I doubt there are many people in the UK who are better qualified to handle this case. Best of British luck to him I say in getting a satisfactory outcome.
Origamist
Legendary Member
I would not disagree that the CPS are part of the problem, but the current road traffic legislation on these matters is (still) weak and the penalties not severe enough.
Pale Rider
Legendary Member
The case has already started before a jury, the CPS cannot now take it over.
Ultimately, the Director of Public Prosecutions can halt a private prosecution at any time.
I think that would have happened already if it was going to, so it appears this one will be allowed to proceed to a conclusion.
Ultimately, the Director of Public Prosecutions can halt a private prosecution at any time.
I think that would have happened already if it was going to, so it appears this one will be allowed to proceed to a conclusion.
I was more confused as to why it would not be a personal vendetta - I was stating that every private prosecution is one. I also don't think that this is anything negative.
Spinney
Bimbleur extraordinaire
- Location
- Back up north
Porter isn't pursuing a vendetta, he's after simple justice. If he wins, the driver will be prosecuted and that will be the end of it.
It's a personal prosecution, yes, but that does not make it a vendetta. The only difference between Porter doing this and me doing it (should I be unfortunate enough to need to do something like this), is that I would have to fork out for a barrister.
Pale Rider
Legendary Member
For this legal purpose, a vendetta would be a long running dispute.
Porter didn't know the driver until the incident, and clearly would not have gone after him had the incident not happened.
Thus Porter is safe from allegations of pursuing a vendetta against the driver.
Porter has made a determined attempt to get this matter before the courts, but happily an injured party is allowed to do that.
Pale Rider
Legendary Member
Porter is paying someone else to prosecute it.
Probably wise, there is an old saying among lawyers 'a lawyer who represents himself has a fool for a client', meaning as a lawyer you are too close to case in which you are personally involved to do a good job of it.
Also, Porter's expertise may not be in criminal law and he may not have prosecuted many or any dangerous driving cases.
Far better to get someone experienced in those cases to do it.
Probably wise, there is an old saying among lawyers 'a lawyer who represents himself has a fool for a client', meaning as a lawyer you are too close to case in which you are personally involved to do a good job of it.
Also, Porter's expertise may not be in criminal law and he may not have prosecuted many or any dangerous driving cases.
Far better to get someone experienced in those cases to do it.
SavageHoutkop
Veteran
- Location
- South Manchester-ish
Interesting that he's paying someone else to do it. I hope he wins, would set a precedent. Driving like that, especially from a driving instructor!!, should never be tolerated.
I seem to recall he's previously had lots of 'I forgot to issue the notice of intended prosecution in time' type of response from his police service, to the extent that he's issued them himself. They need to be issued within 14 days or there's no case. Perhaps this was the final straw.
I seem to recall he's previously had lots of 'I forgot to issue the notice of intended prosecution in time' type of response from his police service, to the extent that he's issued them himself. They need to be issued within 14 days or there's no case. Perhaps this was the final straw.
Spinney
Bimbleur extraordinaire
- Location
- Back up north
Thanks - I hadn't registered that!
SavageHoutkop
Veteran
- Location
- South Manchester-ish
That's disappointing. I was at the Cycle Forum last night and three GMP members specifically from the Traffic division were present to discuss Operation Considerate. They all seemed genuinely concerned for road safety; probably as they are the ones who get involved in cases where people have died and have to deal with grieving family members. I wonder if this is a case of the average police officer not caring much whereas the traffic-specific ones might? I know there are not many specific traffic officers given the size of GM, which probably doesn't help. I know you have the solicitors on the case so no point inquiring personally but if that need ever did arise I'll see if I can fish out the names of the officers who attended for you so you can inquire via them.
Pale Rider
Legendary Member
As a minor point, Porter will have lots of friends in the law.
This means he knows who will be good for this job, and like any trade or profession, 'mates rates' exist in the law.
It may be the prosecutor has agreed to do it at a discount, or even as a favour.
All perfectly proper, Porter's relationship with his barrister is a matter for the pair of them.
This all sounds like mildly positive progress. Does anyone have any idea when the trial will finish ?
This is the sort of thing the CDF should be involved with, but if Mr Porter is willing to fund this on his own, then all power to him (and the CDF can save their cash for another day).
This is the sort of thing the CDF should be involved with, but if Mr Porter is willing to fund this on his own, then all power to him (and the CDF can save their cash for another day).
glenn forger
Guest
Mr Kayardi, 33, who had been a driving instructor since 2009 and has taught over 200 people to drive, accused Mr Porter of cycling dangerously.
The motorist, who has a clean licence and no previous convictions, said he checked ahead before overtaking and did so when the road was clear and there was a safe distance between him and the cyclist.
‘I did not put Mr Porter’s life in danger. I did it when it was quite safe to do so,’ he said.
‘I did not cause any harm to him or oncoming traffic.’
But he said when Mr Porter came to confront him, the cyclist crossed over the white lines to the wrong side of the road and later ‘cut him up’ as he weaved through traffic to tell a nearby policeman.
The officer spoke to both men but let them go, and Mr Kayardi assumed it was the end of the matter.
The motorist, who has a clean licence and no previous convictions, said he checked ahead before overtaking and did so when the road was clear and there was a safe distance between him and the cyclist.
‘I did not put Mr Porter’s life in danger. I did it when it was quite safe to do so,’ he said.
‘I did not cause any harm to him or oncoming traffic.’
But he said when Mr Porter came to confront him, the cyclist crossed over the white lines to the wrong side of the road and later ‘cut him up’ as he weaved through traffic to tell a nearby policeman.
The officer spoke to both men but let them go, and Mr Kayardi assumed it was the end of the matter.
