The family shouted at the jury : “Were you not listening?”

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Pale Rider

Legendary Member
Indeed I can.

At present in cases of car v bike collisions the process, from often tepid investigation, reluctance to charge, through prosecution to sentencing, if convicted, bends over backwards in favour of the driver.

The case in hand highlights the flaws of the jury system in acquitting the guilty, by way of inept, lacklustre prosecution and through 'smart' or 'grandstanding' defence, and does not speak to the astronomically slim chance of convicting the innocent, in cases that arise a result of RTCs. Even when the guilty are, by what feels like a fluke, convicted they get little more than a slap on the wrist, after all.

There is no general reluctance to charge, a charge follows a fatal accident more often than not.

Road traffic collision investigations are far from tepid.

Quite a lot goes into accident reconstruction - often closing the road to do it - vehicle examination and general inquiries surrounding those involved.

For example, a cyclist who was an occasional customer of my local bike shop was killed in a collision.

Several months earlier, the cyclist and the shop manager had exchanged a couple of emails about the purchase of lights.

After the cyclist was killed, a detective turned up at the shop to 'talk through' the emails.

That indicates a thorough investigation to me, not a tepid one.

A criminal prosecution is adversarial, it is a battle, there is a winner and a loser.

The loser will often hit out in frustration, which is where I put criticism of the jury system.

None of the alternatives routinely put forward appeal to me.

Sentencing is another area in which one party is very unlikely to be satisfied.

Often both sides are hacked off, the defendant because he's got a stretch, the victim's family because the stretch is not long enough.

I've seen some long sentences handed out for death by dangerous, and some short ones.

None caused me to lose any sleep - each decision could be understood if you had sat through the full proceedings.
 

GrumpyGregry

Here for rides.
Your experience is very different to mine, and the 'tepid' is, btw, the description of a current traffic officer in my local force.
 

spen666

Legendary Member
...

A criminal prosecution is adversarial, it is a battle, there is a winner and a loser.

The loser will often hit out in frustration, which is where I put criticism of the jury system.....


How can there be anything other than a "winner" and a "loser"?

Whether its a jury or a roll of a die or something else, there will still be winner and loser
 

albion

Guest
Go to Magistrates or some other form of lower court and let them examine the evidence determine if there is a case to answer? Anything is better than letting plod or CPS decide.
Got to agree.

Whilst others look bad, this has the appearance of the worst jury incident ever.
 

Lemond

Senior Member
Location
Sunny Suffolk
I recall an incident reported on television in which a lass wiped out a cyclist while driving her Mini late at night.

Yes, the cyclist was over the drink drive limit, cycling on an unlit section of dual carriageway, dressed in dark clothing with no working lights or reflectors. The driver was arrested for failing to stop, but not charged after the accident investigators reviewed the scene.

I for one am quite glad she wasn't arrested, charged and then bailed or remanded for months on end as some here suggest should happen. She did nothing wrong and that wouldn't be justice at work, but something far more sinister and prejudicial.
 

Origamist

Legendary Member
"Daniel Squires' family tell of shock as driver is cleared of cyclist's death"

Read more: http://www.dover-express.co.uk/Fami...tory-26228720-detail/story.html#ixzz3VZXWzc40
 
She hit a man and killed him and ran away, she didn't even call an ambulance.

I agree, I saw the same story. I fully agree the collision may have not been her fault - cyclist in black, on unlit road, drunk - but she hit something in the carriageway hard enough to fairly badly damage her car, so she hit him rather than ran over him. After the impact she should have stopped to check what she hit. Legally she was excused, but morally I wasn't impressed.
 

Pale Rider

Legendary Member
I agree, I saw the same story. I fully agree the collision may have not been her fault - cyclist in black, on unlit road, drunk - but she hit something in the carriageway hard enough to fairly badly damage her car, so she hit him rather than ran over him. After the impact she should have stopped to check what she hit. Legally she was excused, but morally I wasn't impressed.

That's my recollection as well, although she did report the collision when she got home.

Memory fades, but that may have been after some publicity.

It did appear there was no attempt on her part to avoid responsibility, perhaps just delay it a little bit.
 
OP
OP
glenn forger

glenn forger

Guest
The cyclist could be a serial killer, it's still hit and run. She didn't call an ambulance at the scene, she didn't call an ambulance when she got home. Charged with nothing. Drivers regularly smash cars into buildings and get charged with nothing.
 

Lemond

Senior Member
Location
Sunny Suffolk
She hit a man and killed him and ran away, she didn't even call an ambulance.

She didn't "run away" as you put it. She pulled off at the next junction (the unlit dual carriageway has no hard shoulder), called a family member to collect her, and then called the police to report what she thought was a collision with an animal. The police actually commented on the fact that had she stopped to investigate the accident, she would have put herself and other road users in considerable danger. The only person to have behaved irresponsibly in this instance was, sadly, the cyclist.
 
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