A London cyclist who gave police video footage that showed a moped rider kicking out at his bike as he passed him has been told that no action will be taken against the man in question because there were no independent witnesses to what happened.
The incident happened on the New Kent Road on the evening of 16 January as Chi Yong La rode home to Greenwich from his job in the West End with publisher Conde Nast.
Riding away from the kerb to avoid potholes, drain grilles and manhole covers, he exchanged words with a man on a moped who was undertaking him to his left.
As the man sped away, he aimed a kick at Chi's front wheel, leaving the cyclist struggling to maintain balance on the busy road.
"I was really shaken up," he told road.cc following the incident. "I was really holding on for dear life, making sure I didn't topple over."
Chi lodged a complaint with the police, and sent them a video of the incident - like many cyclists, he uses a helmet camera so that in the event of an incident involving a motor vehicle or pedestrian, he has something more than just his own word to fall back on.
The full video he sent to police can be seen here (contains some swearing).
The letter he received from the Traffic Criminal Justice section of the Metropolitan Policer Service's Operational Command Unit for the South East Region, reads:
I am writing concerning your complaint to police regarding the manner in which a motor vehicle bearing the registration mark GJ05FGF was ridden along New Kent Road @ 16:44 hours on the 16/01/2014.
I would advise you that it is the policy of the Metropolitan Police Service to investigate cases that have a realistic prospect of achieving a successful prosecution at court.
In view of the lack of independent witnesses to support your claim, we are unable to initiate proceedings on this occasion. However, the registered owner/keeper of the vehicle has been notified of your allegation and a record of the incident will be kept within this office.
Chi told us that the police response was "disappointing to say the least but I can't say I expect anything more."
One question the incident, and the police's reaction to it, does raise is just how seriously they take helmet camera footage, and why that should be seen as less acceptable than independent eyewitness testimony, which can be inaccurate depending on the person's recollection.
Another is that police regularly appeal to the public for help in catching suspects whose alleged crimes have been caught on CCTV, with no witnesses around, and where the footage is of much lower quality than that typically captured by helmet cameras.
In January 2012 we reported how motorist Scott Lomas was convicted of a public order offence after he threatened cyclist Martin Porter who was riding to work.
The Metropolitan Police only referred the matter to the Crown Prosecution Service after Porter had twice complained about their initial decision not to take action. despite his having provided them with helmet camera footage.
The fact that Porter is a Queen's Counsel, making him more suited than most to negotiating the criminal justice system, is likely to have been a factor in the case reaching its eventual conclusion.
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73 comments
Whatever the "difficulties" proffered by the Police, what we should be doing is funding not just civil action, but "paid for" social media campaigns that target the likely peers of the individuals concerned, the effectiveness of which is something that even the Police are starting to recognise.
Aggressive drivers often have lifestyles that reveal all sorts of naughtiness, so they tend to fear publicity; and that is the key to reducing this sort of antisocial behaviour.
And of course, each successful civil claim also helps to illuminate the decidedly curious reluctance shown by the Police and the CPS to secure a proscecution for the common good.
The CTC (Cycle Touring Club of GB) have a legal section to fight for cyclists cases in relation to other road users and bodies. It might be worth passing this onto them.
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I have now seen the posts just above which state this in a bit more detail - sorry.
Can I just say I've watched the video, and therefore consider myself an independent witness.
"It was the bloke on the moped wot dun it Officer."
"lack of independent witness"... remember that for when the police try to prosecute you, which if you're a cyclist they'll be more than happy to.
CTC's Road Justice campaign, which is calling for a much more robust response from the criminal justice system to crimes like this (and worse) would like to get in touch with the cyclist involved. If you're the cyclist or if you know them, please get in touch via the website contact form - http://www.roadjustice.org.uk/contact
The campaign has written to the Met police seeking a proper explanation of why no action was taken against the moped rider.
surely a complaint to the Met at their lack of action would be an idea, although i would assume that only the victim could do that.
Wow, just wow.
I have just started a forum topic that looks at this and other news stories lately. I'd be grateful for any comments about what you think needs to be done about the current state of affairs. It cannot continue.
http://road.cc/content/forum/110081-meet-jury
It's a boilerplate letter. I've seen exactly the same wording before in other threads about video footage of bad drivers and actually been in receipt of the same letter after I and another cyclist were "hustled" out of the way at traffic lights in Balham by a four wheel drive that made contact with both of us.
The driver turned into a petrol station to make a U-turn, so there was a set of CCTV coverage and our witness accounts, but not enough "independent" evidence to proceed apparently...
If you watch any of the motorway cop shows, this is actually as good as any of the footage they show.
Sadly, I'm not surprised at all.
I'm pretty ignorant about such matters, but is there nothing we can do beyond declare our disappointment on web forums? Is there someone we can bombard with emails each and every time the care of a cyclist is ignored or trivialised? It would be laughable if it wasn't so bloody depressing.
Ooh that's too difficult for the old bill to deal with and not have a definite prosecution. Speeding far easier as they are not having to make a judgement, it's black n white.
Pretty much anything that someone could defend generally doesn't go to court.
To this end, one has to question why the police are going wear and use video cameras themselves, apart from being in the name of openess......
This. Is. F-ing. Disgusting.
The police response seems to be that they can't be bothered to investigate, because they don't think they can win.
AFAIK they're under a legal obligation to investigate a reported crime.
Malfeasance in public office complaint against the officer making this decision?
methinks that the police have had that standard letter template since Victorian times. They look to see if the box that indicates witnesses has been ticked. If it hasn't they send the standard letter.
The form does not have a box for "helmet camera footage in full HD".
One of the reasons that the police are so seriously narked with the government is that they are the last un-reformed public service in the UK. I have a few friends in the Surrey force and even they think some of it is beyond silly.
I'll give you an example. Way back in the day I was in a nightclub in Bournemouth. A bouncer tried to chat up my girlfriend so we just decided to leave. On my way out of the club I was hit in the back of the head and then kicked while on the floor. I then heard the "leave it Carl" and on rolling over saw it was the fellah that had tried it on with my girlfriend. So I called the police. They eventually came. Spoke to the bouncers, then took me and my girlfriend to the police station and took a statement. Then a week or two later they said they couldn't do anything as they didn't have enough evidence.
Now my current Police friends drawing on their police training tell me that I went about it all wrong. Instead of calling the police to report an assault. I should have stayed down and got someone to call for an ambulance because I was injured after an assault. This approach I am told would have put the reported assault on a higher footing.
This is basically the equivalent of diving in football. So Chi. What you probably should have done is taken a dive (slow down a bit first, fake it if necessary.) but go down. That's how you get witnesses. Now you have a collision, an RTC with injuries and a motorist that fails to stop.
As refs go the police aren't giving any penalties for a manly attempts to stay upright. They are impressed by spectacular dives.
Which is the advice I've been given by two serving traffic officers. Go down and stay down.
How can video footage not be independent???
I think it is to do with tampering and all that but theyb take that excuse way too far. All the police video is all calibrated and timed and is tamperproof. So it can be used in evidence. The police are using this standard that they are required to have to discount video evidence not from their own cameras. But they are really inconsistent. It's just an excuse. Video evidence can be presented as evidence. The defence can try to discredit it if they think it's been tampered with or have a problem with it.
This one was pretty easy really. The mopedist could easily have been shown the footage and offered a fixed penalty notice (£100 + 3 Points) for careless driving. (a lower charge than Dangerous driving which is what their actions amounted to) They would just have to take that or risk going to court for a £5000 max and 3-9 points. Or even the cps upping the charge. to DD which is a 12 month ban with a compulsory extended retest but it is quite possible that you will face a prison term or a community penalty if you are convicted.
No court necessary and a big shot across their bows as to their future driving behaviour all for a FPN which they would be wise to bit the officers are off for.
Lazy policing here.
Still as long as they are warning cyclists about High viz and otherwise OK drivers about ASL encroachment I suppose letting go a driver that is actively trying to knock a cyclist off is beyond their resources.
This is disappointing, but given Martin Porter's experiance not entirely surprising.
I think that there is a number of people who commute whom having tired of near misses have brought helmet cams to capture this in the hope that should the worse happen, there would be some recompense, some more reliable independent evidence that is better than their word versus yours.
Some of the new cameras picture quality is fantastic, better than some CCTV recordings, which could be on ancient kit, recording on tapes that had been re-recorded over hundreds of times previously. Yet crystal clear sharp evidence from the victim's point of view is not acceptable.
Because you know cyclists have this special ability, if they wish something really really hard then they can alter video evidence just with the power of their mind.
Crowd funding on this one? If cycling websites keep raising this type of injustice then they should be suggesting a course of action. Most of our bone idle lazy institutions want an easy life; unless you are prepared to kick them in to action things will never change. They rely on apathy!
Another entirely predictable outcome from the civil servants with warrant cards masquerading as law enforcers
At least he got a response.
I had a Range Rover driver twice try to knock me off and then swerve in front of me and stop dead causing me to collide with the back of the car.
I called 999 straight away and although I was on a busy A road I was told the response car couldn't find me!
I then had a PC visit and take a statement. I had the car reg and full description which I gave. My word against his but he still left the scene of an accident without giving details.
This was last October and I've heard nothing from the Met police.
The response here does not surprise me in the least.
As a serving Police officer i find this embarassing to say the least.
the comment "I would advise you that it is the policy of the Metropolitan Police Service to investigate cases that have a realistic prospect of achieving a successful prosecution at court."
Why ?
We investigate everything in my force, if there's not enough evidence fair enough, but at least we've tried. I would be happy to investigate this with the cctv evidence.
Is this policy advice just 'official speak' ? Because it needs re-writing. How do you know if it has a realistic chance of succeeding in court, if you don't investigate? To me, it reads like 'if there isn't a black and white case we wont even bother to investigate'. 'And by that I mean he rode past and handed me a signed confession after trying to kick me off' 'And you included it in your letter'
I'm glad to hear you say this - how on earth can they know if there is a realistic chance of prosecution if they don't investigate it. Surely this should be down to the CPS to decide anyway?
The problem with the Met treating cyclists as second class citizens is exactly what you see on this thread - a widespread lack of trust in the police. If they don't enforce the law then I wonder how long it will be before people take it into their own hands.
The CPS point is a good one. The last time I had help form the Police (an attempted bike theft) they were fantastic, but as often happens the CPS eventually decided not to bring the scallywags to court.
A few weeks later, by an almost random coincidence I spoke to one of the officers involved who was quite happy to moan about the CPS as well, and how much of their work goes largely to waste because of them. However annoying that may be, we can't have a situation where the Police themselves start abandoning cases so easily.
Even if the case ultimately fails, not bothering at all sends a terrible message. The seriousness of the crime, and the message it may send regarding road safety should be considered.
The CPS point is a good one. The last time I had help form the Police (an attempted bike theft) they were fantastic, but as often happens the CPS eventually decided not to bring the scallywags to court.
A few weeks later, by an almost random coincidence I spoke to one of the officers involved who was quite happy to moan about the CPS as well, and how much of their work goes largely to waste because of them. However annoying that may be, we can't have a situation where the Police themselves start abandoning cases so easily.
Even if the case ultimately fails, not bothering at all sends a terrible message. The seriousness of the crime, and the message it sends regarding road safety should be considered.
I've got to agree with a number of other people - both surprised and disappointed and annoyed. How much more f*ing independent than an inanimate object can you get ?????
I'd be appealing any conviction I got based on CCTV that's for sure. Apparently they are extremely biased - the official description is 'criminalist' apparently, and we cant have that.
Aaaargh!
Does this mean that any person convicted based on CCTV evidence can appeal due to lack of independent witnesses?
Perhaps Martin porter might be interested, this is becoming a pattern.
Why is headcam footage not acceptable? Just today the Met have released "the best images they have" of three guys accused of throwing coins at Theo Walcott, they look like they were taken on a potato. http://m.bbc.co.uk/news/uk-england-london-26014757
There is no rational explanation for this other than a total lack of care for cyclists' lives; it's like they're scared that if juries are presented with video footage of motorist actions they might actually convict on sensible charges and judges might have to award proportional sentences.
Is there no way of funding a judicial review of the police approach to headcam footage? Some way of forcing them to consider it as valuable, in fact, better than any eyewitness.
Actually, yes! I am surprised. And I am appalled that there is no action been taken!
I know for a fact that you can appeal against a decision like that and I would speak to an independent lawyer to have this driver tried! Mr Goodwin is a very good address for this sort of thing (as previously mentioned!)
There is a major public interest in having this case reviewed and even though there might not be a jail sentence or such at the end of it, it would set a precedence, which is what is really needed!
Not enough that there are dangerous psychopaths on the road, what makes it so much worse are the work-shy twits in the police force covering for them. No time to do our jobs and protect people, there are donuts to eat!
Just one of the many things that are wrong with this society.
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