23 replies to this topic

[JohnM]

see story
An elderly man simply turned right into oncoming traffic, ignoring all UK road laws, and drove directly into Dan, cycling the other way. Dan broke his back T5 level and suffered brain damage, thankfully he has come out of his coma and is recovering, now in hospital at Rookwood
· Dan was fully lit, all lights confirmed to British Standards (being much brighter than the standards) – confirmed by the police
· Dan had all reflectors on his bike, red rear, x4 amber pedal reflectors – confirmed by the police
· 3m reflective piping on his commuting waterproofs – cut off by the paramedics at scene
· Also it happened on a street lit, main trunk road, on a recognised ‘on road’ section of the Sustrans network (the Celtic trail). – confirmed by the police. After all of this CPS ‘crown prosecution service’ chose not to prosecute the elderly man due to it ‘not being in the public interest’.

The least they could do is publish the old man's name and address.

[Millman]

see story
An elderly man simply turned right into oncoming traffic, ignoring all UK road laws, and drove directly into Dan, cycling the other way. Dan broke his back T5 level and suffered brain damage, thankfully he has come out of his coma and is recovering, now in hospital at Rookwood
· Dan was fully lit, all lights confirmed to British Standards (being much brighter than the standards) – confirmed by the police
· Dan had all reflectors on his bike, red rear, x4 amber pedal reflectors – confirmed by the police
· 3m reflective piping on his commuting waterproofs – cut off by the paramedics at scene
· Also it happened on a street lit, main trunk road, on a recognised ‘on road’ section of the Sustrans network (the Celtic trail). – confirmed by the police. After all of this CPS ‘crown prosecution service’ chose not to prosecute the elderly man due to it ‘not being in the public interest’.

The least they could do is publish the old man's name and address.

I totally agree.

That way the old man would have no excuse for forgetting where he was and not going home the right way and thus stopping this happening again.

[l'angelo mysterioso]

see story
An elderly man simply turned right into oncoming traffic, ignoring all UK road laws, and drove directly into Dan, cycling the other way. Dan broke his back T5 level and suffered brain damage, thankfully he has come out of his coma and is recovering, now in hospital at Rookwood
· Dan was fully lit, all lights confirmed to British Standards (being much brighter than the standards) – confirmed by the police
· Dan had all reflectors on his bike, red rear, x4 amber pedal reflectors – confirmed by the police
· 3m reflective piping on his commuting waterproofs – cut off by the paramedics at scene
· Also it happened on a street lit, main trunk road, on a recognised ‘on road’ section of the Sustrans network (the Celtic trail). – confirmed by the police. After all of this CPS ‘crown prosecution service’ chose not to prosecute the elderly man due to it ‘not being in the public interest’.

The least they could do is publish the old man's name and address.

bag o shyte
how can this dangerous buffoon live with himself
how can the CPS consider itself a guardian of justice and protector of the innocent.

[WearyRhino]

Total agreement here as well. Moreover, the CTC's view sums up my thought precisely.

[marklaspalmas]

A tragic story for that young man and his family and an odd decision from the CPS.

Unless... perhaps.... they are looking at a sad and remorseful old man, broken and confused by his actions who's already agreed to give up his driving license. Maybe in those circumstances, the CPS has decided there's little point sending him to prison?

Just a thought.

[Tiny Tim]

A tragic story for that young man and his family and an odd decision from the CPS.

Unless... perhaps.... they are looking at a sad and remorseful old man, broken and confused by his actions who's already agreed to give up his driving license. Maybe in those circumstances, the CPS has decided there's little point sending him to prison?

Just a thought.

I am not sure being old and confused should excuse you from prosecution. He has ruined a life (possibly many indirectly) and unless considered unfit to stand trial should be held to account for his reckless actions.

'Not in the public interest' is no sort of reason for failure to apply the laws of the land in this situation.

[GAZ]

CPS=Couldn't Prosecute Satan.

[marklaspalmas]

I am not sure being old and confused should excuse you from prosecution. He has ruined a life (possibly many indirectly) and unless considered unfit to stand trial should be held to account for his reckless actions.

'Not in the public interest' is no sort of reason for failure to apply the laws of the land in this situation.

I don't know anything about this case, so it's hard to comment.

But circumstances do come into play when considering prosecution. Let's say for example a physically and psychologically abused person takes action against their abuser who is a family member. Is a crown court the best place to work out what needs to be done in that case?

[ckn]

There are a number of problems here.

First up, all we have is under one page of details on the original link, undoubtedly written to meet the editorial policy of the site. The CPS have access to the full facts of the case. Trial by internet based on so few facts is always biased and usually wrong.

Then there's the legal burden. If I were to judge based on the facts available on the link and the news article then it sounds like a tragic accident with careless driving involved from someone who should have given up his license earlier. At best, this would be points on a license or a short ban with a fine. I can fully see why the public interest argument in this was invoked, especially if the old guy gave up his license voluntarily and the police could see a genuine remorse (a guess, nothing reported along that line).

[Steve May]

A tragic story for that young man and his family and an odd decision from the CPS.

Unless... perhaps.... they are looking at a sad and remorseful old man, broken and confused by his actions who's already agreed to give up his driving license. Maybe in those circumstances, the CPS has decided there's little point sending him to prison?

Just a thought.

Interesting thought. Often these cases are more complex than the one-sided reports we see suggest.

I don't know any of the details of this case but it does seem entirely plausible that some CPS officer read the situation as you have above.

[l'angelo mysterioso]

I am not sure being old and confused should excuse you from prosecution. He has ruined a life (possibly many indirectly) and unless considered unfit to stand trial should be held to account for his reckless actions.

'Not in the public interest' is no sort of reason for failure to apply the laws of the land in this situation.

I think Mark makes a good point.
it would be pointless locking him up, and he will never drive again.
But 'due process' might have highlighted the fact that there are people like him on the roads and have acted as a deterrent to others.

[Severus]

I think Mark makes a good point.
it would be pointless locking him up, and he will never drive again.
But 'due process' might have highlighted the fact that there are people like him on the roads and have acted as a deterrent to others.

I have some sympathy for this man but why would it be pointless locking him up? He has committed a crime and should be punished. I'm not sure age should be a factor in considering punishment. When someone gets behind the wheel of a car it is up to them to make sure they are fit and able to operate a motor vehicle. They are responsible for any offenses they commit and should face the consequences.

As for the civil case I hope the cyclists receives significant compensation. As a cyclist I have had numerous close shaves because of drivers not taking the necessary care and one accident that resulted in a three day stay in hospital, a metal plate holding my wrist together, painful physiotherapy and significant disruption to my life. Although I must admit that I do take more care to watch out for cyclists when I'm driving since I started cycling to work.

[WearyRhino]

I think Mark makes a good point.
it would be pointless locking him up, and he will never drive again.
But 'due process' might have highlighted the fact that there are people like him on the roads and have acted as a deterrent to others.

Indeed, the options weren't simply the two extremes of 'don't prosecute' or 'send him to prison'. I have often thought that the CPS gets a little 'judge and jury' too often. The CPS's job is to prosecute where a crime looks to have been committed - guilt, sentence and mitigation is the job of the magistrate, judge and/or jury. Justice has to be seen to be done.

[marklaspalmas]

I ought to point out that I really don't have a clue about this tragic case and it was pure speculation on my part.

It's just that even when such terrible things happen, it's not always as cut and dried as a newspaper article may suggest.

[marklaspalmas]

But 'due process' might have highlighted the fact that there are people like him on the roads and have acted as a deterrent to others.

That's something that definitely needs highlighting.

[l'angelo mysterioso]

I have some sympathy for this man but why would it be pointless locking him up? He has committed a crime and should be punished. I'm not sure age should be a factor in considering punishment. When someone gets behind the wheel of a car it is up to them to make sure they are fit and able to operate a motor vehicle. They are responsible for any offenses they commit and should face the consequences.

As for the civil case I hope the cyclists receives significant compensation. As a cyclist I have had numerous close shaves because of drivers not taking the necessary care and one accident that resulted in a three day stay in hospital, a metal plate holding my wrist together, painful physiotherapy and significant disruption to my life. Although I must admit that I do take more care to watch out for cyclists when I'm driving since I started cycling to work.

Good point. If he's ok (in theory anyway) to get behind the wheel of a car, he should be ok to do time if he maims or kills someone. You know how a feel about these things. Motorists seem to for some reason be seen in a diferent light when they kill and maim people, compared to other crimes of violence.
I think the case should be tried and a verdict given-justice is seen to be done
I think the lad deserves all the compensation that's going for a life messed up in this way.
Prison may well be appropriate for this bloke. However, if he's infirm and senile as has been mentioned then I'm not sure. It isn't a question of his actual age.

[JohnM]

It was apparently in the public interest to prosecute Bernadette Quirk, though she got a community service sentence.story

- but not to prosecute the guy who paralysed this cyclist. It seems a little inconsistent.

[waistline expansionist]

I have some sympathy for this man but why would it be pointless locking him up? He has committed a crime and should be punished. I'm not sure age should be a factor in considering punishment. When someone gets behind the wheel of a car it is up to them to make sure they are fit and able to operate a motor vehicle. They are responsible for any offenses they commit and should face the consequences.

As for the civil case I hope the cyclists receives significant compensation. As a cyclist I have had numerous close shaves because of drivers not taking the necessary care and one accident that resulted in a three day stay in hospital, a metal plate holding my wrist together, painful physiotherapy and significant disruption to my life. Although I must admit that I do take more care to watch out for cyclists when I'm driving since I started cycling to work.

Will you have less sympathy when his idiocy causes your / your family's insurance premiums to rise?

The cyclist is in line for several million compo from this old goat's insurers, as it sounds like he'll need nursing for life.

[marklaspalmas]

Not sure how pulling out random unconnected cases as a 'comparison' proves anything really.

Each case is judged on its merits.

On the face of it, we've all come to the conclusion that it's difficult to see from the evidence provided why the old bloke wasn't prosecuted.

I speculated as to one of the many possible unknown-to-us reasons how and why the CPS may have decided a prosecution wasn't appropriate.

Can you accept that we simply may not know all the facts behind any given newspaper article?

[Severus]

Will you have less sympathy when his idiocy causes your / your family's insurance premiums to rise?

The insurers will have to pay up whether or not criminal charges are pursued.