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Van driver claimed gust of wind made him hit cyclist

A man was convicted of causing death by careless driving after claiming a gust of wind blew him into the path of a cyclist, killing him

A van driver, who claims a gust of wind forced him to collide with a cyclist, killing him, has been sentenced to six months imprisonment and banned from driving for 12 months.

A jury at Stafford Crown Court heard that on 5 May 2015 Paul Maguire, from London, was taking part in a charity bike ride from Basingstoke to Kendal, and his route took him along the A5 in Tamworth when he was hit.

Dean Swift, 23, of Cheslyn Hay, Staffordshire, hit him from behind. Emergency services were called to the scene and, despite treatment for his injuries, Maguire died at the roadside.

Hit-and-run victim's family calls for tougher sentencing

The Crown Prosecution Service said weather at the time was overcast with moderate rain and a blustery wind. When Swift was arrested, he claimed the wind forced his vehicle into the path of the cyclist.

Swift was later charged with and found guilty of causing death by careless driving. He was given a six month prison sentence, suspended for two years, as well as being disqualified from driving for 12 months, and ordered to pay £2,000 in costs, according to the CPS.

Andy Gee, senior West Midlands Crown Prosecutor, said: "Although the conditions that day were wet and windy, Dean Swift would have had a clear sight of the road ahead of him and he would have had ample time to spot Paul Maguire riding his bicycle.

"A motorist in front of the defendant managed to complete a safe manoeuvre around the cyclist. However, Swift failed to safely pass the victim and, as a result, his van collided with him.

"The defendant's driving fell below that expected of a competent and careful driver, which tragically resulted in the death of Mr Maguire."

Mr Maguire’s family, who attended the five-day trial last month, thanked other motorists that stopped and helped.

 

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15 comments

Avatar
Bob's Bikes | 7 years ago
3 likes

Firstly my condolences to the friends and family of Paul Maguire,

But where do I start on the pathetic sentencing, this tit who is obviously a danger to everybody else on the road has walked away from court (dependent on behaviour) scott free! Not even an extended retest to get his licience to kill, sorry drive back.

Avatar
kraut | 7 years ago
6 likes

They should add 4 years for perjury; he knows full well that the wind had nothing to do with it. 

 

"Hit from behind".  I can imagine an extremely blustery wind turning a dangerously close pass into a hit.  I do not believe that the wind was strong enough to  push a van from behind into a cyclist....

 

On a different note, why the hell isn't the fact that you killed someone enough to prove that your driving was dangerous?  FFS, we lock people up for years for walking around with a kitchen knife ..

Avatar
muppetteer | 7 years ago
7 likes

Disgusting. Somebody died. 

RIP

Avatar
Yorkshire wallet | 7 years ago
8 likes

Years ago I got a deserved 12 month ban for an accident that included a couple of fairly minor injuries, nothing anyone needed a hospital stay over. 

Now it seems you can kill people for the same punishment. Ludicrous. 

Avatar
harrybav | 7 years ago
9 likes

I do think the bit of the story in bold is misleading - the 6 mths are suspended. The guy is not imprisoned.

Avatar
Gourmet Shot | 7 years ago
14 likes

Next close pass and the wind blew my D Lock through the car window hitting the driver in the face 15 times

 

 

Avatar
FrogBucket | 7 years ago
8 likes

More and more I get baffled, I can go and punch Dean Swift in the face, brake his nose and recieve a stiffer sentance than this. 

Avatar
kil0ran | 7 years ago
10 likes

Oooh, a new excuse to add to the list

FFS

Avatar
Simon E | 7 years ago
14 likes

A 12 month ban? An absolute f..king disgrace!

Avatar
IanW1968 | 7 years ago
10 likes

< Insert words of frustration and anger here>

Then wait for the next one, wonder if it'll be me or you. 

Avatar
L.Willo | 7 years ago
17 likes

Ridiculous defence and sentence. The wind was so strong as to blow a van into a cyclist but not strong enough to blow the cyclist off the road altogether! That was a highly selective gust of wind ....

Avatar
Housecathst replied to L.Willo | 7 years ago
8 likes

L.Willo wrote:

Ridiculous defence and sentence. The wind was so strong as to blow a van into a cyclist but not strong enough to blow the cyclist off the road altogether! That was a highly selective gust of wind ....

come on, own up, who hacked Willo's account ? 

Avatar
hawkinspeter replied to Housecathst | 7 years ago
4 likes

Housecathst wrote:

L.Willo wrote:

Ridiculous defence and sentence. The wind was so strong as to blow a van into a cyclist but not strong enough to blow the cyclist off the road altogether! That was a highly selective gust of wind ....

come on, own up, who hacked Willo's account ? 

I think it's a Jeckyll & Hyde thing. No-one's questioned whether the cyclist had hi-viz or was wearing a helmet (presumably not as otherwise he'd still be alive).

Avatar
mike the bike | 7 years ago
6 likes

It's a great pity that Mr Maguire's death wasn't suspended for two years.

Avatar
oldstrath replied to mike the bike | 7 years ago
2 likes

mike the bike wrote:

It's a great pity that Mr Maguire's death wasn't suspended for two years.

It's rather a shame Mr Swift hasn't been suspended for two years.

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