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Investigation into Mike Hall’s “avoidable” death was compromised by loss of evidence

Coroner says driver did not commit an offence

A coroner has said that the investigation into Mike Hall’s “avoidable” death while taking part in the Indian Pacific Wheel Race in 2017 was "to some degree compromised by the loss of significant evidence" because police had not retained all of his clothing. Bernadette Boss also concluded that the driver involved in the collision did not commit an offence. She said this conclusion was in part due to the high standard of negligence required by law.

Hall was killed when he was hit from behind by a car driven by 19-year-old Shegu Bobb on the Monaro Highway at around 6.20am on March 31. He had been lying second in the 5,500km race from Fremantle to Sydney when the crash took place.

The Sydney Morning Herald reports that Bobb had been listening to music when he hit what he thought was a kangaroo, "and was shocked to see a bicycle embedded in the front of his vehicle".

Police testified that he had been distracted by a parked car as he turned on to the highway, and had no time to avoid the collision.

Boss said "there was an argument that Mr Bobb was negligent in his driving", but she concluded he had not committed an offence based on conflicting accounts of how visible Hall was to drivers, the loss of Hall’s clothing and other evidence, the physical environment and the high standard of negligence required by law.

One motorist, who was driving to work in Canberra and had her headlights on low beam, said that she had seen reflective strips on Hall’s legs and arms. She said it was the first time in more than three decades she could remember seeing a cyclist on the road in question.

However, two others drivers said they almost hit Hall. Joseph Spulak, said the cyclist “came out of nowhere,” and that he didn’t seem to have reflective clothing or strips, while truck driver Anthony Shoard said Hall had “cut it very fine,” when making a turn at a junction at around 4.30am.

Speaking last year after attending the inquest, Hall’s partner, Anna Haslock, strongly criticised the Australian Federal Police (AFP) for its “flawed investigation” into his death.

She cited the failure to seize Bobb’s phone at the time of the incident as another example of the AFP’s poor handling of the case. “By his own admission, the driver was distracted, and we have been unable to eliminate the phone as that distraction,” she said.

Responding to the coroner’s findings, the president of the Australian Cycle Alliance, Ed Hore, said: "I'm disgusted and disappointed. There were a lot of European, UK and US-based cyclists who were after justice for Michael, but instead Michael has now been blamed for not being bright enough."

Hore said video footage indicated that Hall always wore bright reflective clothing when riding at night and also took issue with the AFP’s failure to preserve valuable evidence.

"The AFP has [lost] evidence that has left the coroner unable to make a decision," he said. "Mike was conspicuous, easy to see ... the rider safety that needs to come out of this is education. We need to educate motorists to understand that their responsibility on the road is not to kill someone."

Boss recommended the Australian Capital Territory government require cyclists to have a flashing rear light in low light on rural roads and that it review speed limits at major intersections on the highway.

Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.

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21 comments

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I love my bike | 5 years ago
0 likes
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cybernaut | 5 years ago
3 likes

So AFP basically treat a dead cyclist with about the same regard as a dead Roo. This is what happens when you expect cyclists to wear protective equipment instead of drivers to be responsible for not hitting them. Blame culture, but blaming the vulnerable victim not the user of a 2ton weapon.

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cougie | 5 years ago
1 like

How the hell did the Police destroy the evidence ?

I'm sure I'd seen video evidence showing the reflectives and light on the back of the bike from that night ?

 

The blame can only be with the driver. 

 

I've seen a cyclist with no lights and wearing black on a 70mph dual carriageway at night from 100's of meters.  He had reflective pedals on - thank god.  He was a braver/more foolish man than me though - I have multiple bright lights and reflectives when I'm out at night.  Reflectives are brilliant in circumstances like that when you come up to the rider from behind.  No use when you're merging lanes though - you have to look for that....

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BehindTheBikesheds replied to cougie | 5 years ago
0 likes

cougie wrote:

How the hell did the Police destroy the evidence ?

I'm sure I'd seen video evidence showing the reflectives and light on the back of the bike from that night ?

 

The blame can only be with the driver. 

 

I've seen a cyclist with no lights and wearing black on a 70mph dual carriageway at night from 100's of meters.  He had reflective pedals on - thank god.  He was a braver/more foolish man than me though - I have multiple bright lights and reflectives when I'm out at night.  Reflectives are brilliant in circumstances like that when you come up to the rider from behind.  No use when you're merging lanes though - you have to look for that....

Reflectives are unecessary IF the driver is obeying HC 126 and actually bothering to look, reflectives might help in some circumstances were a beam of light will highlight the patch/es but again only IF the other party is actually looking/seeing and takes appropriate action, if not then lights and reflectives are as useless as a sunflare, you only need look at how many times emergency vehicles are smashed into when they have reflectives, flashy red and blue lights on top of their main lights as well as the thousands of times a week cyclists who have reflectives and lit up like the proverbial xmas tree are struck or near missed due to motons not looking.

This is the type that killed Mike Hall, good luck avoiding these types, I've been struck and knocked off by one in a hit and run, and plod trried to victim blame me as well despite overhead stret lights, my bike lights and reflectives on my trouser leg, heel of my shoes and jacket!

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Jimmy Ray Will | 5 years ago
9 likes

Do you know what, when we are driving at night, there is a massive assumption amongst many of us, myself included, that A roads and motorways are clear of anything that shouldn't be there.

Dipped headlights at 70mph do not provide an adequate view of the road to be able to see and react to dark objects in the road in appropriate time.

However, to accept this inadequecy is effectively opening pandora's box. You can't acknowledge it and realistically do nothing. Doing something, anything will have massive effects on how all of us drive at night, and let's be honest, there are plenty of people that will fight very hard to stop that change. 

Hence why you have kangaroo courts such as this.

Mike Hall had literally cycled around the whole world, I am sure if he had been riding without lights and adequate clothing he'd have been killed many, many times over. Therefore you can safely assume he knew what was required and adhered to it.

It should never have been accepted that 'lost' evidence equates to inadequate lighting, when there was plenty of historical data to indicate the likelihood of the opposite. 

Ho hum, separately, but related, its amazing the amount of education that is required out there. I was discussing with my missus the other day about whether cyclists should use A roads. She firmly believes they shouldn't, but when pushed couldn't give a plausible reason why not... instead did a bit of wahat iffery and said that 'you wouldn't ride a horse on an A road'. 

My counter argument, is that cyclists are legally allowed to do so, therefore drivers are legally obligated to look out and be prepared to meet cyclists on A roads. Change the law, not live by some unofficial populist rule book. 

This outcome is another example of the tail wagging the dog. 

 

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burtthebike replied to Jimmy Ray Will | 5 years ago
2 likes

Jimmy Ray Will wrote:

Ho hum, separately, but related, its amazing the amount of education that is required out there. I was discussing with my missus the other day about whether cyclists should use A roads. She firmly believes they shouldn't, but when pushed couldn't give a plausible reason why not... instead did a bit of wahat iffery and said that 'you wouldn't ride a horse on an A road'. 

My counter argument, is that cyclists are legally allowed to do so, therefore drivers are legally obligated to look out and be prepared to meet cyclists on A roads. Change the law, not live by some unofficial populist rule book.

If A roads had decent cycle tracks, properly wide and with priority over side roads, I'd agree with your Mrs, but this is the UK, where fake cycle facilities are the norm.  If cyclists were banned from A roads, the rest of the road network would have to be limited to 20mph, but I'm guessing your Mrs and most other drivers wouldn't be totally in favour of that either.

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kil0ran replied to Jimmy Ray Will | 5 years ago
5 likes

Jimmy Ray Will wrote:

Do you know what, when we are driving at night, there is a massive assumption amongst many of us, myself included, that A roads and motorways are clear of anything that shouldn't be there.

Dipped headlights at 70mph do not provide an adequate view of the road to be able to see and react to dark objects in the road in appropriate time.

If you drive at 40mph (about the safest max speed for dipped beams) on an NSL road you'll get tailgated, beeped, cut in on, and eventually be subjected to dangerous overtakes. I know because with experience of driving on unlit country lanes I won't do more than 40 on any unlit carriageway so I get this all the time. I've even had people overtake me and then brake test me. Beggars belief.

Motorways are slightly different as most are still lit or busy enough that you can drive to the lights in front of you.

The default behaviour for most drivers is "Prepare to go" not "prepare to stop" - in some ways it's ingrained in the driving test because you'll fail for hesitancy or failing to make progress (I assume that's still the case? It was when I passed in the late '80s). I know it's a behaviour I had to unlearn when I came back to cycling.

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mike the bike replied to kil0ran | 5 years ago
1 like

 

The default behaviour for most drivers is "Prepare to go" not "prepare to stop" - in some ways it's ingrained in the driving test because you'll fail for hesitancy or failing to make progress (I assume that's still the case? It was when I passed in the late '80s). I know it's a behaviour I had to unlearn when I came back to cycling.

[/quote]

 

You certainly can fail your test for undue hesitation and quite rightly so.  Driving, like much of life, relies on compromise.  If you think safety is paramount to the point where nothing else matters then we could all roll along at 5mph and, for sure, there would be very few casualties.  But that's unacceptable to almost everybody and the sensible amongst us try to tread the middle path between what's safe and what's necessary.  It isn't a perfect world I'm afraid. 

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Bungle_52 replied to mike the bike | 5 years ago
2 likes

mike the bike wrote:

 

The default behaviour for most drivers is "Prepare to go" not "prepare to stop" - in some ways it's ingrained in the driving test because you'll fail for hesitancy or failing to make progress (I assume that's still the case? It was when I passed in the late '80s). I know it's a behaviour I had to unlearn when I came back to cycling.

 

You certainly can fail your test for undue hesitation and quite rightly so.  Driving, like much of life, relies on compromise.  If you think safety is paramount to the point where nothing else matters then we could all roll along at 5mph and, for sure, there would be very few casualties.  But that's unacceptable to almost everybody and the sensible amongst us try to tread the middle path between what's safe and what's necessary.  It isn't a perfect world I'm afraid. 

[/quote]

It isn't "necessary" to travel at more than 5mph if that is the fastest safe speed. We just need to learn to alow more time for our journeys so we don't feel rushed all the time. I have come to realise this since retiring. I leave more time for my journeys, drive as safely as I can, and most of the time end up arriving just as quickly as the person in front who accelerates as fast as they can then brakes hard at the next queue.

If I get tail gated I just drive slower, as advised on speed awareness courses.

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Legs_Eleven_Wor... replied to kil0ran | 5 years ago
1 like

kil0ran wrote:

The default behaviour for most drivers is "Prepare to go" not "prepare to stop" - in some ways it's ingrained in the driving test because you'll fail for hesitancy or failing to make progress (I assume that's still the case? It was when I passed in the late '80s). I know it's a behaviour I had to unlearn when I came back to cycling.

It's in our culture.

The other day, I had a spare ten minutes in the office, so I pooter on down to the kitchen for a coffee.  And I put the paper cup into the machine and hit the button.  It takes about 90 seconds for a coffee, so I wander over to the work surface and there's a car magazine sitting there, that someone had either forgotten or had left for general consultation as he or she had finished with it.

So I opened it, and on almost every page, there were ads or articles about how fast cars can go.  The photographs of the cars had them at slightly skewed angle, mimicking high-speed cornering, or with a photoshopped little 'wake' behind them as they were driven quickly away into the sunset (on empty roads, of course). 

Someone said a while back that cars are to Britain what firearms are to the US.  It's true that the AA and the RAC are like the National Rifle Association.  

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Kendalred replied to Legs_Eleven_Worcester | 5 years ago
2 likes

Legs_Eleven_Worcester wrote:

The other day, I had a spare ten minutes in the office, so I pooter on down to the kitchen for a coffee.  And I put the paper cup into the machine and hit the button.  It takes about 90 seconds for a coffee, so I wander over to the work surface and there's a car magazine sitting there, that someone had either forgotten or had left for general consultation as he or she had finished with it.

So I opened it, and on almost every page, there were ads or articles about how fast cars can go.  The photographs of the cars had them at slightly skewed angle, mimicking high-speed cornering, or with a photoshopped little 'wake' behind them as they were driven quickly away into the sunset (on empty roads, of course). 

Someone said a while back that cars are to Britain what firearms are to the US.  It's true that the AA and the RAC are like the National Rifle Association.  

How true - and this has lead to the common assumption that being allowed to drive is a right not a privilege.

And it's not just the speed of cars that are selling points these days, but also how safe they are FOR THE DRIVER, and how many touchscreens, entertainment systems and audio accessories are included to ensure you have the maximum opportunity for distraction. It's like they are trying to sell us a living room on wheels. All this does is emphasise the sense of being cut off from the reality outside the protective metal box.

 

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Legs_Eleven_Wor... replied to Kendalred | 5 years ago
0 likes

Kendalred wrote:

Legs_Eleven_Worcester wrote:

The other day, I had a spare ten minutes in the office, so I pooter on down to the kitchen for a coffee.  And I put the paper cup into the machine and hit the button.  It takes about 90 seconds for a coffee, so I wander over to the work surface and there's a car magazine sitting there, that someone had either forgotten or had left for general consultation as he or she had finished with it.

So I opened it, and on almost every page, there were ads or articles about how fast cars can go.  The photographs of the cars had them at slightly skewed angle, mimicking high-speed cornering, or with a photoshopped little 'wake' behind them as they were driven quickly away into the sunset (on empty roads, of course). 

Someone said a while back that cars are to Britain what firearms are to the US.  It's true that the AA and the RAC are like the National Rifle Association.  

How true - and this has lead to the common assumption that being allowed to drive is a right not a privilege.

And it's not just the speed of cars that are selling points these days, but also how safe they are FOR THE DRIVER, and how many touchscreens, entertainment systems and audio accessories are included to ensure you have the maximum opportunity for distraction. It's like they are trying to sell us a living room on wheels. All this does is emphasise the sense of being cut off from the reality outside the protective metal box.

I believe that this phenomenon is also responsible in part for the unwillingness of the powers that be to prosecute drivers (financial considerations aside, since forty years of neocon rule and the same length of time dedicated to looting the British taxpayers to keep the toffs in the manner to which they have become accsustomed, is another factor..).   People know that if they murder someone inside their own home, the law is going to get involved, but for other, more 'mundane' stuff, there is a definite sense that one's own home is one's 'castle' and the state has no business interfering there.

The car is seem as yet another extension of one's own private space, and people believe - subconsciously or not - that they can and should be able to do anything they want inside that car. 

That the car in fact moves in the public space, is not something that everyone considers.  But then, when one considers how many people think that the earth is flat, that climate change is 'a hoax', that the moon landings 'took place in a warehouse in the New Mexico desert' and that 'Europe needs us more than we need them', it shouldn't come as a surprise that so many people think that a driver has in effect done nothing wrong by knocking over a cyclist.  

My experience of the pigshit ignorant vermin who go on 'driver awareness courses' and who firmly, honestly and sincerely believe that they have done absolutely nothing wrong, reinforces my opinion.  

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Mungecrundle | 5 years ago
11 likes

That a small number of motorists stated that Mr Hall and his bike were hard to see, when other drivers had no difficulty probably tells us more about the shocking lack of attention paid to the road ahead by a higher percentage of drivers than we would like to think.

The killer driver in this case has avoided prosecution despite admitting to being distracted. The police have failed to secure vital evidence at the scene (driver's phone), or misplaced it afterwards (Mr Hall's clothing) and there is good evidence (photo still from dashcam of Mr Hall on the morning of the incident?) and eyewitness accounts that Mr Hall and his cycle were lit and carrying reflectives. Yet the coroners advice is for more legislation to be adhered to by cyclists, not a greater responsibility for drivers to be held accountable for their actions. All pretty crap really. I feel awful for Mike's family having to be put through this.

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alansmurphy | 5 years ago
4 likes

I'm interested in the driver that almost hit him citing that he came out of nowhere, yet still found the time to appraise his attire...

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Christopher TR1 | 5 years ago
3 likes

Disgusting! This turd of a motorist needs to be kept away from the road for good.

And what he was or wasn't wearing is totally irrelevant: He had lights on.

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BehindTheBikesheds replied to Christopher TR1 | 5 years ago
5 likes

Christopher TR1 wrote:

Disgusting! This turd of a motorist needs to be kept away from the road for good.

And what he was or wasn't wearing is totally irrelevant: He had lights on.

You should be able to see a person on the highway or anything else for that matter that does not have lights or reflective garments, the onus should be on you as the operator of a machine that kills by the millions every year globally, that we continue to push the onus onto everyone else is a sick endictment of how those in power, including police think!

Driving at a speed you can stop well within the distance you can see to be clear is HC126, it's one of the rules broken the most often but is one of the most important and should be a 'You must' becausy not obeying that rule clearly poses danger to others and indeed yourself and does end with deaths and serious life changing injuries to innocent parties.

If there's a broken down or crashed vehicle with no electrics just ahead then you should be able to see that by the beam of your lights to take action to avoid a collision, same with a fallen tree, animals in the road around a bend, pedestrians walking toward you, sink hole in the road or a cyclist in black with no lights. (some thing the then CTC president objected to vehemently in the 1920s and 30s because it absolves motorists of their responsibility and pushes the onus onto the vulnerable and so it has come to pass with the ever weaker rules and standards for killers/those that present the harm and more rules/more onus to not get killed.

it's precisely the same as telling your female friend/parter or even mum/grandmother, don't forget to not walk down x street, make sure not to wear anything that looks 'sexy' and always make sure to wear an anti rape device otherwise you're just asking for it!!

The twat that mowed down Mike Hall would have smashed into anything and the Australian system yet again proves it's even worse than ours, a disgrace and sets the rod for future prosecutions and from that protection for road users from killers!

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Argos74 | 5 years ago
6 likes

Can't decide if not even wrong, or wronger than wrong. But definitely a cargo-bike load full of wrong.

It may be time to start accepting applications for asylum from Australian cyclists.

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burtthebike replied to Argos74 | 5 years ago
2 likes

Argos74 wrote:

It may be time to start accepting applications for asylum from Australian cyclists.

Which tells you how bad their system must be if ours is seen as better.  Ours is still abysmal, but better than Oz; I'm not sure whether to be grateful or to cry.

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lesterama | 5 years ago
3 likes

Shocking and appalling. 

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ChrisB200SX | 5 years ago
6 likes

"Hore" wrote:

"The AFP has [lost] evidence that has left the coroner unable to make a decision," he said. "Mike was conspicuous, easy to see ... the rider safety that needs to come out of this is education. We need to educate motorists to understand that their responsibility on the road is not to kill someone."

Pretty sure you won't achieve that by letting killer drivers get away with it and saying no offence was committed.

As usual, a driver killing a cyclist isn't seen as a crime.

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burtthebike | 5 years ago
7 likes

I was never going to go to Oz anyway, because of their stupid helmet law, but any faint urge I had to go has been firmly squashed by their police's treatment of cyclists; we just don't count as human beings.

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