Recent cases

I have been a little quiet about the law on here recently.  Not just because something has to give whilst I regain full health/fitness but also because my increasing professional engagement in cases involving cyclists sometimes limits what I may properly say.
However, I am not a criminal lawyer, and can express my bewilderment at the jury decisions in the cases of R v Petterson and R v Dove.  Both were charged with causing death by careless driving.
Petterson drove his van into David Irving on Mountbatten Way, a dual carriageway near Southampton.  Details of the evidence given at his trial are available as a consequence of the work of the Southampton Cycling Campaign who took detailed notes.  From these it becomes reasonably clear why an apparently open and shut case of a motorist driving into the rear of a cyclist fell apart.
First on day 2, the prosecution expert witness, Mr Smith, suggested to the jury, in response to a question from the prosecution, that Mr Irving should not have been there and the Defence not surprisingly latched onto it:
"Prosecution: What road should Mr Irving have used?
Witness: the designated route would be Millbrook Rd East - Central Station Bridge – Southern Rd – West Quay Rd
Defence: the approved cycle route would take him directly to his place of work."

Then, on day 4, the Police expert collision investigator was called and crumpled in cross-examination by the Defence with:

"Defence: What was effect of sun? 

Witness:would have made cyclist virtually impossible to see."

Finally on Day 6, the Judge instructed the jury that:

"Highway Code guidance regarding sun glare (not law but could be used as evidence of without due care and attention, or could be ignored)"

So we are left with a prosecution case that a cyclist was where he should not be, was virtually impossible to see, and that advice in the Highway Code "If you are dazzled by bright sunlight, slow down and if necessary, stop." could be ignored.  Instead of wondering at how there could possibly be an acquittal you are left wondering why the prosecution was even brought.  Sadly the lack of understanding of cycling exhibited by police, experts and lawyers probably explains not only the failure of this prosecution but also why some prosecutions do not even happen.

Surely if those present understood cycling at all the trial would have run more as follows:

Day 2

"Prosecution: What roads could Mr Irving have used?
Witness: He was perfectly entitled to use Mountbatten Way.  There was also a designated cycle route  Millbrook Rd East - Central Station Bridge – Southern Rd – West Quay Rd.  Mountbatten Way was the fastest and most direct route to his destination.
Defence: the approved cycle route would take him directly to his place of work."

Day 4

"Defence: What was the effect of sun? Witness:The sun can make it harder to see but every driver should always be able to stop in the distance that they can see to be clear and should slow down or even stop if necessary.  No other driver failed to see Mr Irving and his long shadow.  Either the Defendant saw Mr Irving and gave insufficient room or he drove into a space without knowing what was there."

Day 6

"The Highway Code specifically recommends that if you are dazzled by strong sunlight you slow down and if necessary stop.  Failure to comply with this guidance is not, of itself, an offence but the Highway Code is essential reading for every road user and the law is clear that the guidance may be used as evidence of driving without due care and attention.  It is not determinative and you should weigh it with the other evidence in finding whether or not  the prosecution has proved its case".

Dove drove an HGV into the back of Christopher Griffiths on the A19, a dual carriageway near Billingham in Teeside.  He was defended by a QC at two trials at which juries twice failed to arrive at a verdict.  It seems reasonably clear from the reports that the Defence skillfully got everybody else involved to believe that the issue was whether Mr Griffiths was cycling to the left or right of a rumble strip at the side of the road.  Surely that was of no relevance, he should have not been run down even (maybe especially) if he was in the lane in front of the HGV (which is where I would have been incidentally).

In the past I have been baffled by perverse jury verdicts.  However the more information there is about the way these cases are run in Court, the clearer it becomes that it is not the juries' fault.  Nor of course is it the fault of Defence lawyers who are perfectly right, and indeed bound, to capitalise on the weaknesses of the prosecution.  It seems to me a pity that the prosecution do not engage the services of an expert in cycling to at least rectify some of the worst misconceptions.  Bikeability as part of the National Curriculum or at least part of the driving test would eventually mean that almost all lawyers, experts and even jurors would know something about the subject.