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news
Statue of Justice, Old Bailey (licensed CC BY 2.0 on Flickr by Ronnie Macdonald).jpgDriver who failed to stop after killing cyclist walks free from court
A driver who hit a cyclist and fled, leaving him dying in the road, has walked free from court with a community service order.
Michael O'Shea, 28, hit Brian Tozer, 46 in Andover, Hampshire, on 6 March.
He admitted failing to stop at the scene but said he didn’t see the cyclist "until he was literally right in front of me".
A coroner ruled that the collision could not be called an accident, but the Crown Prosecution Service said: "The forensic collision team concluded that Mr O'Shea was not at fault for the accident and there was no evidence of bad or poor driving.”
The inquest in Winchester heard that O'Shea said he approached the Folly roundabout slowly but did not see Mr Tozer, according to the BBC.
He said: "He came off the bike and maybe the left side of his body hit my bonnet then he fell to the floor.”
O’Shea drove away and Mr Tozer later died in hospital. O’Shea was arrested later that day.
At Basingstoke Magistrates' Court, he admitted failing to stop, was given a five-month suspended sentence and ordered to do 250 hours of unpaid work.
Coroner Grahame Short said: ”I conclude that Brian Tozer died as a result of a road traffic collision. I am not calling this an accident, it was a collision."
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43 comments
No idea, but on the basis that he will be doing
lotssome unpaid work, which can involve litter picking in hi vis cothing am sure the opportunity to spot him on a regular basis will arise.He's hoping you don't try chatting to him on your bonnet, whilst you're driving
(especially as you now know that saying you were driving slowly is your get out of gaol card).
+1 on the whole cunts thing.
I really think this warrants the not using ***, cunts means cunts
Unbelievable. The Police would have had to have charging authority from the cps which entails submitting the evidence of his driving. there was enough to charge so how come that evidence isnt there now. The cps are spineless.
'Coroner Grahame Short said the driver and cyclist may not have seen each other because of mounds of earth from roadworks.'
Why is this a justifiable excuse? If there are objects which obstruct your view then you need to take extra care while driving. If the coroner had said the incident was 'not an accident', then it must surely be inferred there was careless driving involved. The law needs serious re-drafting around drivers who cause death, we need to shift the burden of proof onto the driver to prove they were driving carefully, rather than leave it to the prosecution to prove they weren't.
So, it wasn't an 'accident' & the car driver was not at fault for the accident sic and there was no evidence of bad or poor driving.
Therefore,
what did the cyclist do wrong - exist or what?
Also, why did the driver say he was approaching slowly, and did he prove it?
"The forensic collision team concluded that Mr O'Shea was not at fault for the accident and there was no evidence of bad or poor driving.
Apart from nor seeing another road user until you hit them.
Expect to see photos of his celebration party on Facebook or whatever soon.
Twat.
So let me get this right. Driver enters roundabout which another road user already established on the roundabout, hits other road user, kills them, and there was 'no evidence of bad or poor driving'.
On the same basis, if someone is found standing over a body with stab wounds, carrying a bloody knife and saying "It's a fair cop, it was me guv", I fully expect the CPS to come up with the opinion that there was 'no evidence of murder'.
Only the person was not stood over the body. He would have to have fled the scene.
Standard.
no evidence of poor or bad driving apart from running someone over, killing them then running away from the scene.
cunts
Disgusting. And aside from that whole collision/accident thing, how does he explain just *driving away* from the scene?
He got 5 months suspended sentence and 250 unpaid work order due to failing to stop. If he had stopped he wouldn't have ended up in court let alone been charged.
I know this shocks people but as a more vunerable road user you need to wear bright clothing on your top half in all weathers whether you are cycling, on foot or on a horse. In addition if you are on foot you need to use a crossing and obey any signals. That way drivers are less likely to get away with smidsy as criminal law relies on reasonable doubt and lawyers exploit that fact.
It has happened in my area enough times for me to ask a magistrate about sentencing as to why drivers have run over and killed both old people crossing main roads and cyclists but not been charged.
do you do this?
It's adopting a victim posture, and a victim-blaming attitude. It is, by and large, cars and their drivers that are doing the killing, and it is they who should be changing their behaviour, not their victims.
this does not absolve people of responsibility for themselves, of course, but nor does it mean that they have to kowtow to car culture. Instead it apportions responsibility where it belongs.
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