Martin Porter QC has brought what is thought to be the UK’s first private prosecution for dangerous driving. Porter says that driving instructor Aslan Kayardi passed him on his bike an arm’s length away while driving at 50mph in a 30mph zone.
In a statement, Porter says that he reported the incident to the Metropolitan Police Service and they declined to refer it to the Crown Prosecution Service. The case is therefore being brought privately with the support of the Cyclists’ Defence Fund. Kayardi denies the charge.
The Independent reports that the incident, which took place during rush hour on the A315 Hounslow to Staines road in February 2015, was captured on a camera attached to Porter’s handlebars. Video footage shows Porter being blown towards the kerb by the wake of the car.
On Monday, he told Isleworth Crown Court that he had felt “highly endangered and alarmed” by what happened. Recorded data indicated his heart-rate had risen sharply despite his work-rate slowing.
Prosecuting, Mr Ellis Sareen said that Kayardi had not just broken Highway Code rules but “shattered them.”
Consultant accident investigator, Paul Croft, calculated Kayardi’s speed to have been more than 50mph in the 30mph zone. Croft also estimated that the Audi was just 60-80cm away as it passed Porter.
After catching up with the motorist at a set of traffic lights, Porter challenged his driving. Kayardi denied speeding or driving dangerously and instead responded by accusing the cyclist of riding dangerously.
Defending, Mr Jake Taylor suggested Porter was pursuing a personal campaign in bringing the private prosecution.
Porter responded by saying: “Mr Kayardi may have been unfortunate in his victim, but I brought the case because I felt endangered at the time. I’m perhaps well placed to deter very bad driving.”
The case continues.
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