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Police investigation of cyclist’s death branded a “shambles” by his family

No charges brought against either driver involved in crash that killed Sze-Ming Cheung – one of whom was twice the drink-drive limit

The family of a cyclist killed in Norfolk three years ago have branded a police investigation into his death a “shambles” after the case was closed with no charges brought against either of the two motorists involved, one of whom was more than twice the drink-driving limit when the fatal crash happened.

Sze-Ming Cheung, aged 44, was on a training ride for an Ironman event when Alan Hall, driving a Nissan Navara, crashed into him on 7 June 2018.

Hall, who had swerved to avoid a van that had overtaken Mr Cheung on a blind corner was breath-tested and arrested on suspicion of drink-driving and causing death by dangerous driving – but was never charged.

> No charges for drunk driver who killed cyclist in Norfolk crash

The investigation by Norfolk Constabulary was reopened after a coroner’s inquest last year, reports the Eastern Daily Press.

Subsequently a 35-year-old man who had been driving the van was arrested in October on suspicion of causing death by dangerous driving, but the case has now been closed due to insufficient evidence on the advice of the Crown Prosecution Service, with no charges brought.

In a statement, Norfolk Constabulary said: “We have updated Mr Cheung’s family on the outcome of the re-investigation which sought to make sure no further opportunities had been missed.

“We understand this outcome offers limited comfort to them in seeking justice, and our thoughts remain with them at this challenging time.”

But Mr Cheungh’s family said in a statement that it was “incomprehensible” that no-one would face charges in relation to his death.

“We're extremely disappointed and very angry no further action has been taken for the re-arrest of the driver,” they said.

“The pain of getting no justice will live with us forever, whilst those responsible get to live theirs and that’s difficult to take.

“From the beginning, Norfolk Constabulary have handled the case appallingly, it’s been a shambles.

“How no one was prosecuted for drink driving is shocking and incomprehensible.

“As much as we try to get on with our lives, there will never be any full closure for us.

“Sze-Ming being a keen triathlete, we have continued the running journey which he loved and enjoyed.

“This has helped us stay positive, motivated in life and keeping his memory alive.

“The continued success of the family business which he rebranded and promoted has also given us a focus.

“We'd like to thank the support from friends and the community.

“Sze-Ming was a truly inspirational and wonderful son and brother.

“Always in our thoughts, we miss him every day and he will never be forgotten,” they added.

After the coroner’s inquest last year, the police force accepted that there had been shortcomings in its investigation, saying in a statement: “We acknowledge that elements of this investigation fell below the standards expected and the failure to prosecute a drink driver involved in the crash was unacceptable.

“We take a firm stance on drink drive offences which is why it is all the more disappointing for an opportunity of justice to be missed.”

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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18 comments

Avatar
Legin | 2 years ago
0 likes

Two Points

  • Can't help but think if the victims name was John Smith this wouldn't have happened
  • Was the drunk on the "Square"?
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Secret_squirrel | 2 years ago
3 likes

This is disgusting. If I ever win the lottery I'd fund a private prosecution.   I hope they have made a complaint to the IPCC.

Probably shouldn't lose sight of the fact that 10000 front line police jobs have been lost thanks to the current Government incumbents.

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grumpyoldcyclist replied to Secret_squirrel | 2 years ago
1 like

I thought Theresa May got rid of 28000?....

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sparrowlegs replied to Secret_squirrel | 2 years ago
3 likes

Obviously didn't get rid of the right ones or, more likely, there's still enough incompetent and lazy ones left to fuck up further investigations like this.

And yet they'll go out of their way to make sure a keyboard warrior is prosecuted for name calling.

The police are a joke in this country, not to mention the CPS. Get rid of more of them. 

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Secret_squirrel replied to sparrowlegs | 2 years ago
2 likes

sparrowlegs wrote:

The police are a joke in this country, not to mention the CPS. Get rid of more of them. 

 

As much as I agree with the sentiment I'm not sure that's a workable solution.

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OldRidgeback | 2 years ago
5 likes

That's disgraceful and an insult to the family of the deceased. At the very least, the officer(s) who bungled the case should be given the sort of official reprimand(s) that will stay on the person's record.

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lukei1 | 2 years ago
11 likes

So I'm guessing because the oncoming driver was drunk they can't rely on his evidence that the white van was overtaking on a blind corner, so case dismissed? What an absolute farce and a reminder to never leave the house without a camera, even if it's to get vengence from beyond

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eburtthebike | 2 years ago
14 likes

My sympathies to the family, who must forever live with the fact that their son's killer escaped justice because of disgraceful, unforgiveable incompetence by the police.

Perhaps I'm biased, but I'm guessing that if the victim had been anything other than a cyclist, the police investigation would have been less incompetent. 

Something went seriously wrong in this case, and there needs to be an investigation and explanation of how and why it was so badly handled, and a drink driver was not, at the very least, prosecuted.  This stinks of police corruption, and it's difficult to think of any other convincing explanation of that failure to hold at least one driver to account, and I hope that police standards bodies are doing their job and making sure that such incredibly poor performance is exposed and treated appropriately.

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HoarseMann replied to eburtthebike | 2 years ago
8 likes

eburtthebike wrote:

Something went seriously wrong in this case, and there needs to be an investigation and explanation of how and why it was so badly handled, and a drink driver was not, at the very least, prosecuted. 

It was due to a police error in not summoning the offender within the 6 month time limit. I don't think "management advice" is really a sufficient reprimand for this oversight.

https://www.dailymail.co.uk/news/article-8576737/Drink-driver-killed-cyc...

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eburtthebike replied to HoarseMann | 2 years ago
8 likes

HoarseMann wrote:

eburtthebike wrote:

Something went seriously wrong in this case, and there needs to be an investigation and explanation of how and why it was so badly handled, and a drink driver was not, at the very least, prosecuted. 

It was due to a police error in not summoning the offender within the 6 month time limit. I don't think "management advice" is really a sufficient reprimand for this oversight.

https://www.dailymail.co.uk/news/article-8576737/Drink-driver-killed-cyc...

Wow!  So a drunk driver who killed someone and invents a mysterious van which caused the driver to swerve and hit the cyclist, and the police just forget to prosecute him, and the cyclist is dead.  Stinks to high heaven.

No mention of the involvement of professional standards, who should be going over this case with a fine tooth comb.

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HoarseMann replied to eburtthebike | 2 years ago
2 likes

The police did manage to track down the van driver using CCTV from a nearby business. He was arrested and interviewed, but obviously did not admit to anything as he was released under investigation.

It seems this was a very bad mistake by the police, rather than anything nefarious. I think they were focusing on the death by dangerous driving charge, but by the time they realised that wasn't going to stick, they'd missed the deadline for the lesser offence.

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wtjs replied to eburtthebike | 2 years ago
2 likes

No mention of the involvement of professional standards, who should be going over this case with a fine tooth comb

I think you're confusing real UK police with Scandi crime dramas, where Professional Standards is staffed by fearsome and fearless unsmiling seekers after truth. The PS we have here, at least in Lancashire, has only one tool and it's not a fine tooth comb, but a large whitewash brush. There was even an intervention by PS in the first series of ITVs hilarious The Bay set at Morecambe Police Station. The real Lancashire Constabulary PS is an impotent comedy organisation which has just taken 6 months to 'investigate' my complaint about all these hordes of drivers crashing through red lights at 50-60 mph on the A6 and the reports just being ignored. Later, the police just say the cases are 'too late to process'. The result of this ruthless 6 month investigation:? some of the cases were inadvertently sent to the wrong destination, but it will be better in the future. Even while they were writing this lying tripe, LC were busy ignoring more cases of red light crashing at the same location. I could submit the photo, but it's just yet another view with a red light and a vehicle 25 yards away which is about to cross the light. The comprehensive definitive proven incident reports are sent in on the same or the following day, and LC are not even allocating them an incident number until 15+ days later- so they are by definition too late to process. Just in case anyone has missed this sentiment: I really despise Lancashire Constabulary for the bentness and ineptitude.

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Bungle_52 replied to wtjs | 2 years ago
0 likes

Well done for keeping this up. If there is one thing I've learned in interactions with public bodies it is the need to persevere. I prefer the polite approach bearing in mind that most public bodies have been cut to the bone and what is left is usually too many chiefs and not enough indians. I do believe that most individuals are trying their best under difficult circumstances but I may be wrong.  I would have been tempted to give up on this one so thank you for what you are doing, I hope you meeet with some success eventually.

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brooksby replied to wtjs | 2 years ago
3 likes

wtjs wrote:

...

Just in case anyone has missed this sentiment: I really despise Lancashire Constabulary for the bentness and ineptitude.

Yeah, I think we might have noticed, but it is very subtle and hard to see  3

Avatar
Bigfoz | 2 years ago
11 likes

Was either of the drivers involved an active or retired policeman perhaps?

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Safety replied to Bigfoz | 2 years ago
6 likes

Alternatively a mason perhaps?

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EddyBerckx | 2 years ago
7 likes

Police incompetent? Never!!!

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wtjs replied to EddyBerckx | 2 years ago
0 likes

Police incompetent? Never!!!

I suspect that many people on here just don't believe my stories of Lancashire Constabulary. They probably think it's all distorted reporting and hyperbole- I have littered the site with photographic proof of ignored offences, but I will never be able to convince such people- even with this:

Today I received a letter from LC 'Force Control Room' asking for me to provide the 'CCTV' (every report I submit includes a .pdf file with appropriate stills and a HEVC 50 fps video which I describe as being from a headcam, but they still refer to it as CCTV) of the incident to which they allocate a log number, part of which is today's date. They are presently running over 2 weeks behind the date any incident was reported in order to ensure that all cases are 'too late to process' and the three emails they sent provide no means of linking the log number with the completely different online incident report reference. I have written back stating that if their system has lost the video, I can easily send it once them tell me which incident they are referring too. Almost certainly, I will never receive a reply

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