A driver convicted of causing the death of a cyclist by careless driving was suffering from “automatism” at the time of the fatal collision, according to his defending barrister.
Nicholas Tucker told Winchester Crown Court that his client Brian Cole, aged 64, who suffers from Parkinson’s disease, “was not aware of what he was doing” prior to hitting cyclist Stephen Turner on the Alton by-pass.
The jury heard that Mr Tucker would have been visible to drivers for approximately 20 seconds before Cole, who was driving a Peugeot 207 struck him at around 5.45pm on 18 November 2016, reports the Daily Echo.
Cole, a former police officer, was found to have been above the limit for drug-driving for methamphetamine, a side effect of the medication he was taking to treat his illness.
Tom Wright, prosecuting, told the court: “It’s likely a motorist would have been able to see the cyclist.”
He said that while the street was unlit, Mr Turner’s bike had lights on it, and countered the defendant’s insistence that he was unaware of what he was doing, with a witness who had been driving behind him at approximately 70 miles an hour recalling that Cole nearly struck another vehicle as he overtook it.
“A competent and careful driver would not have collided with a brightly clothed cyclist visible from hundreds of yards away,” Mr Wright said.
In Cole’s defence, Mr Tucker said: “He hadn’t been advised by his doctors that it was unsafe to drive. Cole did not brake or take evasive action. His behaviour in the aftermath was bizarre.”
Cole was handed an 18-month jail sentence, suspended for 24 months. He also received a five-year driving ban and once that expires will have to take an extended retest.
Born in Scotland, Simon moved to London aged seven and now lives in the Oxfordshire Cotswolds with his miniature schnauzer, Elodie. He fell in love with cycling one Saturday morning in 1994 while living in Italy when Milan-San Remo went past his front door. A daily cycle commuter in London back before riding to work started to boom, he's been news editor at road.cc since 2009. Handily for work, he speaks French and Italian. He doesn't get to ride his Colnago as often as he'd like, and freely admits he's much more adept at cooking than fettling with bikes.