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Police cycling patrol, pic Les Chatfield.jpgTaxi driver who deliberately swerved into cycling policeman could face jail
A taxi driver who deliberately swerved into a policeman on a bicycle in a road rage incident could face jail.
Ivor McAiney was driving his Vauxhall Astra minicab in Farnworth in April last year with a hot drink in his hand when he decided to perform a u-turn in in front of DC Adam Gleave, who was cycling and was forced to brake suddenly.
The officer gesticulated at the driver, indicating that he should watch where he was going.
McAiney wound down his window, shouted an obscenity, then jerked his steering wheel to the left, trapping the cyclist between the taxi and a parked car, a jury at Bolton Crown Court heard.
DC Gleave, who was clipped into his pedals, thumped the vehicle to get McAiney to stop. When McAiney drove off, the officer was left with bruised wrists and damaged bike and clothing as he lay in the road.
Fortunately he had the model and a partial numberplate, and McAiney was later arrested at the office of his cab firm, S and D Taxis.
He denied assault causing actual bodily harm and dangerous driving but following a two-day trial, a jury unanimously convicted him.
Judge Timothy Stead arranged a sentencing hearing on February 10 and granted him bail till then.
“You should not read into that anything about the ultimate sentence,” he said. according to The Bolton News.
A jail sentence would contrast with a similar case we reported in 2012, where a school caretaker who deliberately ran down a cyclist in a fit of rage walked away from court with a £350 fine.
Cal Groves, 45, shouted abuse at Gerard Lumb before knocking him over and driving off, Hull Crown Court heard.
Both the cyclist and the driver were attempting to turn right at the same junction in Anlaby, East Riding.
They nearly collided, causing Groves to shout at Mr Lumb before swerving and hitting him on purpose. Mr Lumb had cuts and bruises to his legs and ankles .
Groves, a caretaker at Hull Collegiate School was found guilty of careless driving and was fined £350, ordered to pay £500 costs and given nine points on his licence.
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Stick it in the road.
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47 comments
Further to the comments about the lady running down the cyclist and this post, there is a BIG difference between an accident and a deliberate act that could result in death. I note where the charge is due care and attention the critics pile in but how many of them have never made a simple mistake in their lives? Unfortunately a simple mistake involving a cyclist could be a minor injury or death. The charge and sentence should reflect the act not the result.
As I said on that thread, I don't entirely agree. The difference isn't always big (sometimes it is, sometimes it isn't), and how big it appears can also depend on who is looking at it.
When one group is collectively and consistently careless with the safety of another group, then it becomes little different from 'intent' as far as I'm concerned. The reckless group have collectively decided to endanger the other group. That's a kind of 'intent'.
Jail or not, this muppet clearly deserves no place on Britain's roads, in a motor vehicle, at least, and should have his driving licence revoked for good.
out of interest was the policeman off duty so in "normal clothing" or not?
More undercover police cyclists please. Preferably from an armed response unit.
Can't decide if this story makes me me happy or angry!
A driver performed a deliberate maneuver that resulted in a cyclist getting inured & as a result may be sent to jail...
EXCELLENT This makes me happy, at last a court that is taking this sort of incident seriously.
But, the cyclist in question is police officer.
Would your average cyclist have been given the same result - I'm sorry but in my own experience I don't believe we would.
And, that makes me angry.
I have reported several incidents where only been able to supply a partial plate, even though compnay vehicles involved & have given an exact time & location, only to be told without a full VRN, they cannot take further action?
So company records cannot be accessed to ascertain which vehicle was on that route.
I have provided footage from my camera, again to be told that no further action is to be taken, as VRN is partially obscured by dirt or poor light
I'm glad this driver is getting what he deserves, but until this result is the norm for every incident, I shall continue to a grumpy old cycnic.
I suppose it's the nature of forums, but some comments are incredibly immature.
For some reason Courts still believe Police officers more than the general public, something I suppose society should ultimately be glad of. The difference here is that, as I understand it, the officer was off duty, so a normal person like the rest of us.
A custodial sentence might reflect anything from the judge's hangover to the offender's previous character, but is just whatever.
No, that misses the point somewhat. The point here is that, in deciding to bring a case, the CPS have concluded that there is a realistic prospect of a conviction because there is evidence.
But what evidence? The evidence is that of a policeman, off duty or not.
If it hadn't have been could we be sure that this case would have been brought? I say that we cannot be sure.
That is one of the major failings of the justice system at the moment, the decision on whether to prosecute. Too often the police will take no action because, in effect, they are judging the complainant's evidence as "one word against another."
It's not clear whether there is independent evidence here. If not then it's possible that the presence of an injury is what swayed it. After all, if there's an injury there must at least be an incident. But I suspect it was swayed by the notion that somehow a police officer is inherently more trust worthy in their account that the rest of us.
As we have seen this week in relation to cycling through the gates of Downing Street, that assumption is clearly not sustainable. That in itself, from me, is a generalisation, we cannot tar all groups with the same brush. But I'd like the police to take reports more seriously and the CPS to consider the evidence more carefully.
As a rule, in cases like this where there is only one witness - there is a huge reluctance to prosecute on the basis of one word vs the other. There has to be some sort of 'validity' to the witnesses evidence. So a police officer, magistrate, driving instructor etc will have more weight. There are even cases where the word of a taxi driver is taken to be expert as they are professional drivers.
The police 'take no action' because we know that the CPS will not run it. We are told not to take statements etc as we know it won't go anywhere sadly - it's in the 'too difficult to do box' for the CPS. So it is not the police who 'take no action' it is the CPS. I wish it were different, I really do but even cases of bad driving with police as witnesses are now being ditched before court on the basis that it needs more than one witness!!!!
To put a 'simple' prosecution file together like this now, with two witnesses and a suspect, never mind CCTV and obtain enough evidence even just to go to CPS for a decision will take me at least 6-8 hours now, whereas a decade ago it was half that.
When I joined the Old Bill I heard old sweats saying things like 'the jobs f**ked' - it certainly is now
I agree. But it is still the police taking no action in the first place. That the CPS won't back them up is the reason for this, yes. But we now have a circular position.
I think this has become much worse since the CPS started to advise on charge.
Of course, there are good reasons for all of this. The Courts would simply be overrun.
Sadly, I think it's time for a helmet cam...........
Yeah, it's not just that though as evidenced by the experience of the Cycling Silk and all those others who have video evidence.
The CPS do seem to be a huge part of the problem... possibly (apart from the actual cretins behind the wheel) the major part.
Underfunded and understaffed - this does not help the problem at hand. As much as I whine about the CPS - how can I in all honesty blame a brief who only catches sight of a case that morning when the defence has had months. It's all more than just a little bit sh*t
And if the taxi driver had a hit and run a cyclist who wasn't a copper then NOTHING, I GUARANTEE NOTHING, would have been done. The taxi driver is a total head case but this case also shows that when the cops and CPS pull their fingers out their backsides justice and proper sentencing can prevail, but only when it is one of their own. I was hit and run left for dead and the plods did absolutely frickin' nothing except gave me and my bike a lift home and said to me it was one of those things - not much chance of finding the vehicle or catching the driver.
Life sentence coming up because it was a police man.....
Plod or not at least the courts are talking proper punishment. We will have to wait and see.
Typical, because plod is the injured party he is going to prison. If it was one of us, he would have got a pat on the head and let off.
Very likely that the plod was able to present his evidence better than Mr or Mrs average cyclist. The more you give evidence in court, the more comfortable and confident you are the more convincing your evidence.
Doesn't make it right - but confidence when you're in the box helps the Magistrates/Judge & Jury decide who is telling the truth.
Very often the CPS only have sight of a case that morning - yes, ridiculous I know. Yet the defence has had months and months of prep and can decide on a strategy weeks in advance. This is also another factor which affects the 'justice system' and is all arse about face if you ask me. Ho hum!
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