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Judge says drivers “have a high responsibility to be aware of cyclists on the road”

Remarks made as judge jails motorist for causing death of North Wales man

A judge in North Wales has said that motorists “have a high responsibility to be aware of cyclists on the road” as he sentenced a driver to 14 months in jail for causing the death of a Flintshire man through dangerous driving.

Sentencing John Evans, aged 45, at Mold Crown Court, Judge Niclas Parry said that the defendant had “caused the wholly unnecessary and avoidable death” of 63-year-old Alan Mort from Kinmel Bay on Sunday 5 February last year, reports the BBC.

Evans claimed that he had not seen retired paramedic Mr Mort, who was returning home on a dual carriageway road between Flint and Bagillt after visiting his son.

However, two motorists travelling behind Evans’ Range Rover described how they had seen the cyclist, who was wearing high visibility clothing and was riding in a straight line.

"He was there to be seen. He was immediately in front of you yet you collided with him," said the judge as he sentenced Evans, who had originally pleaded not guilty to the offence but subsequently changed his plea.

"The use of the public roads by cyclists was probably now more enthusiastic than ever before, the danger to cyclists had never been under greater scrutiny, they were vulnerable road users,” the judge added.

Speaking for the prosecution, Jayne La Grua told the court that although a passing nurse attempted to save Mr Mort’s life, he had died instantly in the incident in which he had been thrown onto the bonnet of Evans vehicle.

The rear light of his bicycle was found embedded in the front headlight of the Range Rover. Despite Evans’ claims he had not seen the cyclist, Ms La Grua said he would have had “"a clear and unobstructed view “ of him for at least 20 seconds before the collision.

"However, for reasons unknown, despite the time and distance available to him, the defendant simply failed to observe him," she added.

John Gibson, defending Evans, said his client was “at a complete loss to understand why he did not see” Mr Mort.

Sentencing Evans as well as banning him for driving for 18 months, the judge noted that he had good character and was a family man whose "remorse was genuine."

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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12 comments

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colinth | 11 years ago
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Always amazes me how drivers think smidsy is a valid excuse. 14 months does seem a but light, he'll be out in 7, but good comments from the judge.

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mingmong | 11 years ago
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He shouldn't be allowed back on the road. End of.

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karlowen | 11 years ago
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Just driving a Range Rover should come with a minimum 18 month sentence anyway.

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kie7077 | 11 years ago
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I'm glad the driver got prison here, as a cyclist there's nothing more you can do beyond what this cyclist did in this type of situation, and 20 seconds is an eternity on the road. Nice to see a judge being just, although it seems to be the juries that are the most unjust.

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Roastie | 11 years ago
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Agree it is lenient, but it feels like a turn in the right direction.

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Kebab Meister replied to Roastie | 11 years ago
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Roastie wrote:

Agree it is lenient, but it feels like a turn in the right direction.

That's my initial reaction especially since the last few court cases have favoured the 'killer'.

Mr. Mort, what an unfortunate name though.

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Bob's Bikes | 11 years ago
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In some respects I am pleased that the judge appears to be bucking the trend and has listened to the arguements put forward by CTC, BC et al about road use etc, but I am still flabbergasted by what seems a rather lienient sentence considering he killed somebody.

As for his trying to plead not guilty trying to use the SMIDSY excuse only to change it later Makes me wonder when he changed his mind was it after he was told that two drivers behind his chelsea tractor could see the cyclist?

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bike_food | 11 years ago
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I guess he could have been using his phone e.g. creating a text message but never got round to sending it so records wouldn't reveal?

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nowasps | 11 years ago
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Killing someone with a vehicle should always carry a lifetime motoring ban, provided the driver's at fault, of course.

Saw my first texter-at-the-wheel this weekend. Going at speed on a straight country road. In fairness, he looked up from the screen now and again.

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OldRidgeback | 11 years ago
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I expect his phone would've been checked to make sure he wasn't using it at the time of the crash and that his eyesight would also have been tested. How he failed to see the cyclist is hard to understand. I agree a 14 month sentence does seem short considering that he killed the cyclist and I sympathise with the victim's family. An 18 month driving ban also seems rather short.

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a.jumper | 11 years ago
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So he'll be out within a year then. Not sure about that, but he should be banned from driving for more than 18 months.

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CanAmSteve | 11 years ago
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Sentenced to 14 months, according to the BBC (since it seems to be missing from the above story).

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