A lorry driver has admitted to causing the death of a cyclist who lost control of his bike and crashed, fracturing his skull, after the motorist passed “within 20 inches” of his handlebars.
On the second day of the trial at Newry Crown Court yesterday, 36-year-old lorry driver Neil James McVeigh, who had been charged with causing the death of cyclist Martin Poland by dangerous driving, admitted to the lesser charge of causing death by careless driving, a plea accepted by the prosecution, the Belfast Telegraph reports.
Mr Poland, a 54-year-old father-of-one, had been riding on the Annalong Road, just outside Kilkeel, Co. Down, at around 1.20pm on 13 September 2020 when he was overtaken by lorry driver McVeigh in what has been described in court as a “perilous manoeuvre”.
According to an expert forensic engineer, McVeigh’s lorry – which, according to calculations from a tracking device, was being driven at just over 30mph on the coastal road – passed within “50 centimetres or 20 inches” from the handlebars of Mr Poland’s bike.
“That’s three or four soup spoons away,” prosecuting KC Samuel Magee told Newry Crown Court.
Mr Magee argued that while there was no evidence of contact between the articulated lorry and the cyclist, the nature of the extremely close pass caused Mr Poland to lose control of his bike. He was thrown over his handlebars and crashed heavily.
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According to evidence set to be given by a couple passing in the opposite direction, “the driver of the lorry flashed its lights as it made its way towards them” and “was over the white line on the other side”.
The driver of the oncoming car, Chloe Heelham, told the prosecution that she was forced to pull over and come to a stop on the grass verge as McVeigh passed them, causing their vehicle to shake.
Mrs Heelham and her husband then looked behind and saw that the cyclist, who they noted was wearing a hi-viz vest, was “unsteady and fell from his bicycle in the immediate aftermath of what the prosecution say was a perilous manoeuvre on the part of the lorry”.
“Mr Heelham said he couldn’t be sure whether there was any contact but he thought it must’ve been very close,” said Mr Magee.
As the couple went to Mr Poland’s aid, “it was immediately apparent that he was seriously injured”.
The cyclist was taken by Air Ambulance to hospital, where he was treated for a fractured skull, bruising and lacerations to the brain, and eight broken ribs. He passed away five days later.
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The lorry driver failed to stop at the scene, but police enquiries eventually led them to Mr McVeigh, who told officers that “he had no knowledge of colliding with a cyclist or causing Mr Poland to fall”.
According to the prosecution, “it is not our case that he set out that day to kill anyone”, but that the lorry driver’s overtaking manoeuvre “fell far below” the standards expected of a careful and competent driver, and had caused Mr Poland’s tragic death.
Following Mr McVeigh’s plea, the case has been adjourned for a pre-sentence probation report. Freeing him on bail until 21 February, Judge Gordon Kerr QC told the lorry driver that he is “likely looking at a custodial sentence”.
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