Devon bus driver hit cyclist while attempting to overtake – police say driver was given driver education at the roadside

zero_trooper wrote:

What I don’t understand about this accident was that if the rider was seriously injured, which he was, then it should have been investigated properly.

That would mean interviewing both rider and driver. Well the rider was literally in no fit shape to be interviewed. If the driver was given advice ‘at the roadside’, it sounds like the police officers at the scene made the decision not to prosecute and to deal with it there and then. Hardly a considered investigation when someone was seriously injured!

The rider should get a decent solicitor and find out what the police actually did and didn’t do. 

 

Seconded. D&C say they did a full investigation, but that the bus driver was given a stern talking-to and no further action at the roadside (so, *before* any alleged investigation).

BehindTheBikesheds wrote:

When are the cycling orgs going to take legal action against the government to force them to do soemthing as the whole thing is massively out of hand. I'd put a hefty chunk toward whoever decided to take the government to task.

Me too, but what do you suggest?  The Cyclists Defence Fund tried a private prosecution in the Mick Mason case when the police refused to even send the file to CPS, and although the judge agreed there was a case to answer, the jury dismissed the charges.

There was an interesting case a few days ago of citizens taking their government to court over their failure to tackle the climate crisis.  A few thousand of them got together and funded it, but it would be incredibly expensive in this country.

burtthebike wrote:

BehindTheBikesheds wrote:

When are the cycling orgs going to take legal action against the government to force them to do soemthing as the whole thing is massively out of hand. I'd put a hefty chunk toward whoever decided to take the government to task.

Me too, but what do you suggest?  The Cyclists Defence Fund tried a private prosecution in the Mick Mason case when the police refused to even send the file to CPS, and although the judge agreed there was a case to answer, the jury dismissed the charges.

There was an interesting case a few days ago of citizens taking their government to court over their failure to tackle the climate crisis.  A few thousand of them got together and funded it, but it would be incredibly expensive in this country.

The Mick Mason case was handled poorly, it should have been sent back to the police/CPS to change their minds, not take a private prosecution for the case itself. Spend time/money forcing the police/CPS to an internal investigation with respect to why they didn't uphold the law and standards that they've already laid out for other road users/members of the public when violently assaulted.

The families of the poor sods who were smashed into by an HGV driver saw the killer get 10 years in jail (which was lenient in itself IMO), many other cases were people are prosecuted (including Alliston), yet police discriminately and contra to their oaths blamed the victim and ignored the evidence. We saw how the four cyclists that were killed at Rhyll were treated by plod, lies by the Ch.Insp for one and a complete disregard for the logic of how an event like that and the absolute recklessness of the driver as to why that incident occured. Driving at almost 60mph around a bend in icy conditions and they still reckoned the bald tyres or no wouldn't have made any difference, well no but that speed in those conditions was disgustingly reckless that not just put others lives at risk but actually killed four people, plod yet again covering up for a motorist and refusing to prosecute/prosecute correctly.

Going by that standard then Alliston should have been done for a missing front brake and it be a Con and Use infringement, because the bullshit of the braking distance video done by the met was complete fabrication/not a true representation of events, not even close.

A better brief would have seen him walk free and the MET shown up to be the lying perverters of justice fuckers that they are.

BehindTheBikesheds wrote:

The Mick Mason case was handled poorly, it should have been sent back to the police/CPS to change their minds, not take a private prosecution for the case itself. Spend time/money forcing the police/CPS to an internal investigation with respect to why they didn't uphold the law and standards that they've already laid out for other road users/members of the public when violently assaulted.

As I recall, the family in the Mick Mason case did try everything to get the police to send the file to CPS, but a senior officer reviewed it and agreed with the orginal decision, and the CPS had nothing to do with it.    The case wasn't handled poorly by taking out a private prosecution, everything possible was done first, but the police still refused to send the file to CPS.

It is difficult to see what else could be done apart from a private prosecution.  The fact that the judge agreed that there was a case to answer proved the police decision wrong, but it had to go to court for that to happen.

BehindTheBikesheds wrote:

When is the government going to do something over the polices unlawful inaction with respect to protecting the citizens of this country from those that kill and maim?

Never, because it is government policy to discourage cycling, to protect the revenue streams of the petrochemical multinationals, and the automobile manufacturers.  

hawkinspeter wrote:

Shame it was so long ago, but I wonder if it's possible to pursue a private prosecution against Stagecoach or the driver.

As someone pursuing a private prosecution against the driver who crashed in to me, I'm inclined to say it's too late. A prosecution should commence as soon as possilble after the incident, unless there is a compelling reason for the delay. Think in this case there was little reason, other than possible ignorance of the law, for waiting nearly 3 years.