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Michael MasonTrial date set in crowdsourced private prosecution of driver
The trial of the driver accused of causing the death of cyclist Michael Mason by careless driving will start at the Old Bailey on April 3, 2017, with the judge indicating it will last six days. Gail Purcell has pleaded not guilty to the charge.
Mason, known as Mick, died in hospital in March 2014, shortly after his 70th birthday having been hit from behind by a car on London’s Regent Street 19 days earlier.
The private prosecution has been brought on behalf of Mason’s family by the Cyclists’ Defence Fund (CDF). It was launched after the Metropolitan Police Service decided not to press charges and has been funded by over £65,000 of donations via JustGiving.
Purcell indicated she intended to plead not guilty in September. However, district judge Kenneth Grant said the seriousness of the offence meant it could not be heard at magistrates’ court.
A second hearing was held today at the Old Bailey.
Cycling UK’s Duncan Dollimore, spokesperson for the Cyclists’ Defence Fund, said:
“With a trial date set for 03 April next year the Mason family will have had to wait three years since Mick’s tragic death for this case to be heard. This unnecessary delay was entirely avoidable if the Metropolitan Police had followed guidelines and referred the case to the Crown Prosecution Service.
“Fortunately the wider public’s support, both moral and financial, has allowed Cycling UK’s CDF to bring this crowdsourced private prosecution. We cannot thank them enough for helping Mick’s family on their journey to achieve justice.”
Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.
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13 comments
This is the one where the driver went on Facebook ranting about helmets and creating petitions about it after she killed the cyclist?
No, that was was in Oxfordshire, this is the Regent Street, London one
I stand corrected. Hopefully then a successful case will be presented.
I'm sure you're all aware but the burden of proof is different in a private case compared to a public prosecution.
In a public prosecution, the prosecution must prove beyond reasonable doubt that the defendant is guilty. If there is reasonable doubt, a jury or magistrate must acquit the defendant.
In a private case, the claimant need only prove their case on the balance of probabilities in order to succeed.
You are confusing this case which is a private criminal prosecution (and therefore extremely unusual) with conventional civil court actions. This is a criminal case and exactly the same standard of proof will be required as for all other criminal prosecutions that are brought by the crown or CPS.
You may wish to look up the rules on sub judice. Both the article and the comments appear to have crossed the line. Comments would normally be turned off.
Dealt with under the Contempt of Court Act 1981. Arguable as to creating "a substantial risk that the course of public justice will be seriously impeded or prejudiced".
Section 52A Crime and Disorder Act 1998
http://nujtrainingwales.org/restrictions-of-the-magistrates-court-act-1980/
The legislation referenced only restricts reporting of commital proceedings in the Magistrates' Courts - the article suggests the matter has already been sent to the Old Baily for trial, so those specific restrictions no longer apply.
Would still be a good idea, though, to refrain from commenting until after the trial - innocent until proven guilty and all that.
I'm afraid we passed that particular milestone a looong time ago... Search on this site for this case, when it all first happened.
I was very happy to donate. Let's hope Miss Purcell spends enough time in jail to ponder her bad driving and maybe work out how to improve it.
You realise that she'll probably be found 'not guilty ' using the 'can't get a fair trial due to prejudicial coverage in the media ' defence...?
I wish it wasn't so, but hey.
(It will still be interesting hearing her explanation in court of how she failed to see Mr Martin, mind).
This is good news, and hopefully the driver will be convicted. If there is any justice the result is beyond doubt.
If she is convicted and sentenced, then that is not the end of the story. We will need answers from the police and the Crown Prosecution Service as to why they didn't proceed with prosecution.
I didn't know the victim, Mick, but can I thank every donor to the CDF for their generosity. I was going to add selflessness, but it's quite obviously in our own interest.