The utility cyclist wrote: I'd already reported an incident earlier in the afternoon where an Arriva bus driver targeted me so he could get to the mini rbt first, deliberately aiming his bus forcing me to brake and close to hitting the kerb. Herts police website states that no witness/no video camera footage equals no investigation and simply compiled for data purposes So I rang them instead and told them I want them to uphold the law and investigate my allegation.
I can't say about arriva buses, but I know stagecoach buses are liberally fortified with CCTV front, back and sides, which could equally condemn a poor decision by the bus driver, as it could prove the guilt of another road user. I don't know when your incident occurred, maybe writing a strongly worded letter to the company requiring copy of the CCTV. If it was a while ago or if you never got the bus reg number then it might now be futile.
In my case the police didn't follow up, they didn't investigate it at all. I've had one case where the police told me that the vehicle didn't have CCTV when I know for a fact it did, basically they are perverting the course of justice
The lorry driver must complete a supervision requirement, an online driver awareness course and received a 15-month driving ban.
A 12-week jail term was suspended for 18 months.
The sad thing is that Mike Seminara was an experienced, local cyclist, not a naive novice. The truck driver had admitted his guilt and remorse but on a technicality, was not able to be charged of the more serious offence of Causing Death by Dangerous Driving. A CPS/Court cock up. His widow, family and friends are aggrieved that there was a failure to achieve justice. The driver can shed his crocodile tears, offer his remorse but in months will be back on the road. Justice does not exist. Read the recent reports on the Evening News and Star website for exact details.
carlislemike wrote: ↑4 Jul 2021, 9:52pmThe truck driver had admitted his guilt and remorse but on a technicality, was not able to be charged of the more serious offence of Causing Death by Dangerous Driving.
Don't the linked articles above say that he was charged with causing death by dangerous driving but found not guilty by the jury?
carlislemike wrote: ↑4 Jul 2021, 9:52pmThe truck driver had admitted his guilt and remorse but on a technicality, was not able to be charged of the more serious offence of Causing Death by Dangerous Driving.
Don't the linked articles above say that he was charged with causing death by dangerous driving but found not guilty by the jury?
it does, but lets say even if they hadnt, would any jury have convicted on the dangerous driving charge if the case was presented as the cyclist was taking the 3rd exit of the roundabout from the left hand lane position, whilst the lorry driver assumed they were just taking the 2nd ?
carlislemike wrote: ↑4 Jul 2021, 9:52pm
The truck driver had admitted his guilt and remorse but on a technicality, was not able to be charged of the more serious offence of Causing Death by Dangerous Driving. A CPS/Court cock up.
He was charged with Causing Death by Dangerous Driving, and the jury returned a verdict of Not Guilty. He admitted Causing Death by Careless Driving, but the Court cock up meant that he wasn't charged with that. Now the cock up has been revisited, and he has been charged with Causing Death by Careless Driving.
carlislemike wrote: ↑4 Jul 2021, 9:52pm
The truck driver had admitted his guilt and remorse but on a technicality, was not able to be charged of the more serious offence of Causing Death by Dangerous Driving. A CPS/Court cock up.
He was charged with Causing Death by Dangerous Driving, and the jury returned a verdict of Not Guilty. He admitted Causing Death by Careless Driving, but the Court cock up meant that he wasn't charged with that. Now the cock up has been revisited, and he has been charged with Causing Death by Careless Driving.
According to the linked articles he has already been convicted of and sentenced for causing death by careless driving.
Jdsk wrote: ↑5 Jul 2021, 10:26am
What's the "cock-up", please?
No explanation is given.
From the News & Star :
No details about the matter in question were revealed in open court. “Certain legal matters have arisen your honour,” prosecutor Charles Brown told Recorder David Temkin.
And what a soft sentence 15month ban, suspended sentence. He’d have got more for Death by Dangerous Driving but that was the problem; no rural jury would ever convict a trucker vs cyclist. Myopic in my view as a man lost his life. No sign of the Cumberland News/ Evening News and Standard taking up the injustice done to Mike and Mike’s family!
And it’s only taken 39 months to get a verdict and sentence. Satisfaction for justice not evident! Come on Crown Court, Carlisle plus CPS plus local press, get onto this vast injustice and raise hell with the poverty of process. The only winner are the law firms and probably barristers involved.
It is said often enough on this side of the pond, that if you want to kill someone and get away with it, give him a bike then run him over when he is riding it.