Not at all true.
In a criminal case, you are only guilty if proved "beyond reasonable doubt".
In a civil case, liability is determined on "balance of probabilities". A MUCH lower standard of proof.
I think it was my post about preesumed liability that got this train of discussion going. I made the point that if the UK already hade a presumed liability law in place like other european countries have then I wondered whether this guy would end up being found liable in a civil case or if there was enough evidence to prove he had no liability in this case.
BTW I am curious about the 3mph figure. The only person that mentioned that was the accused in the case. You would hardly admit to doing 10mph or whatever could be getting yourself into trouble. So the cycling website to say he was doung 3mph like it had been proven is deliberately being misleading, as much as the anti cyclling media sources. A little naughty of them IMHO and lessens their credibillity IMHO of course.
AIUI the witness said he did not hear a bell, the friend said she did not hear a bell. Unless there is more evidence not reported, including in the cyclling website report, then you can not say he used a bell for certain. Not that it matters as a bell is not very good for identification of risk and vector of the risk in real llife situations IME as a pedestrian and a cyclist on towpaths you don't often register what the bell is and where from until the cyclist is on you and matching your pace. As a cyclist I often get to the pedestrians before they understand and react to my bell. Better to shout out as that tends to get identified as someone behind you.
Does anyone know what wanton cycling or whatever the phrase is means IRL? DO you kmow what wanton and furious cycling looks like? Is is defined precisely or a judgement call? As a lay person would the witness, professor whatnot, know what it looks liike?
Mixed use rights of way is never great if you are the moree vulnerable user. Have you ever been overtaken when in your car by a huge juggernaut travelling cose by? I did once and it was not a great experience. What about a van close pass on a bike? I have, heck i've even been caught under a bogey truck trailer between the front and rear wheel of the trailer as it accelerated to over 30mph after it overtook me then cut in without giving me anywhere close to enough space. In fact it never actually overtook me before pulling in. That was scary. Or the time my son got bowled over when 6 years old by a runner on a narrow canal towpath and nearly fell into the cut during covid. Fortunately he was a faster runner than me and had been long gone before I knew what had happened. Or the time I was close passsed as a pedestrian on the towpath. No bell at all and he never slowed down. I just think that as a cyclist I am more likely to be a vulnerable user on the roads so I know what that feels like. If I go onto towpaths or other mixed use paths I feel like I should remember what being the more vulnerable user feels like and apply to others on the towpath.
This is basically a sad case because it involves a death of a more vulnerable path user, doubly so as it is a vulnerable person on top of that being elderly. IF the witness reporting is correct in that he noted something about the reflex of the elderly woman was not good then she had an additional vulnerability. Then it is sad for the cyclist in that he has gone through a court case that IMHO was needed to decide the case and he has a link with an unnecesary death of another person. Would you want that on your conscious even if you got cleared in a criminal case.
So IMHO I think as cyclists we should learn about this case. As in learn to accept that on mixed use paths especially canal towpaths we need to consider ourselfs as the cars on the route and give a wide berth even walk the bike past. BTW getting off the bike makes you wider passing unit but that is irrelevant because that is not why you are getting off and walking it. The reason because it makes you less of a danger to the pedestrians as you pass by. At slow speed you have less balance on a bike but off the bike you have more control around the pedestrian.
One last point, when I first moved to a house with a canal at the back the body that ran the canals back then did not allow cyclists on the towpath without getting a licence for the cycllist. There was a local office number and postal address to contact tto get one. You had to prove you lived in the area IIRC to get it. Never did but years later the rules changed and you didn't. I know a lot who used it without and some who used it with a licence. I have no idea if that was a universal situation back then everywhere in the UK canal network.