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Statue of Justice, Old Bailey (licensed CC BY 2.0 on Flickr by Ronnie Macdonald).jpgJail for driver who said he didn't see cyclist he killed despite victim being "lit up like a Christmas tree"
A Worcestershire motorist who claimed he had not seen a cyclist he crashed into and killed - despite witnesses saying that the victim had been "lit up like a Christmas tree" - has been jailed for four months.
Mark Treasure, aged 55 and from Bevere, Worcester, had pleaded not guilty before magistrates in November last year to causing the death by careless driving of Anthony Ryder on the dual carriageway A449 at Claines, near Worcester, in December 2017.
He changed his plea to guilty when his trial began at Worcester Crown Court earlier this month, reports Worcester News.
Mr Ryder, aged 46 and a father-of-three was treated by paramedics but pronounced dead at the scene.
The occupants of a car behind said that Treasure, who was driving a Fiat Doblo, made no signal and did not try to brake or swerve before hitting Mr Ryder.
Treasure told police it was “simply an accident” and claimed not to have seen the rear light on the bicycle.
He also maintained that visibility on the day “was not the best.”
But while the prosecution acknowledged it had been dark and foggy, they insisted he should have seen Mr Ryder, with a witness saying he was “lit up like a Christmas tree” and wearing a fluorescent vest when Treasure crashed into him.
The court was told that Treasure was distracted by up to 12 seconds as he repeatedly glanced at his mirror to watch a motorist behind pull out to overtake.
Judge Jim Tindal, sentencing Treasure, told him: “I can only infer from the fact you did not see him that you were not paying any real or proper attention to the road for a significant period of time.
“This was not in my judgement a case of momentary inattention."
Mr Ryder’s widow, who has multiple sclerosis, was forced to sell their home to move into a bungalow following his death.
The judge added: “He was the linchpin of his family and was taken away from them.”
Besides the four-month jail sentence imposed on Treasure, the judge also banned him from driving for three years and two months.
In a statement after Treasure was sentenced, Mr Ryder’s family said: “We are pleased justice has been done and are happy that he has received a custodial sentence, albeit for a short time.
“We hope this will increase awareness of vulnerable road users like cyclists in future.”
Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.
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11 comments
4 months! What a joke!
If they didn't want to jail him properly they should make him pay the guys mortgage so his wife didn't have to move.
4 months! What a joke!
If they didn't want to jail him properly they should make him pay the guys mortgage so his wife didn't have to move.
4 fucking months, really! What a bloody joke. Lit up like a Christmas tree and who the fuck looks in their mirrors for 12secs.
Fucking joke, no wonder why we don't feel safe on the roads, cunts!
At last, some sort of justice. Clearly the sentence and driving ban could be questioned, at least the SMIDSY defence was exposed for the lie it is. An object lesson for other judges and magistrates who still seem to think that a legally equipped cyclist, in sight for many seconds, is not worthy of any protection from the law, exonerating the drivers who mow them down.
What was that case of the elderly cyclist in London, killed by a woman driver who says she didn't see him, the one where the policeman said that seeing a cyclist and taking avoiding action could take some incredible length of time? The one with the private prosecution because the CPS wouldn't prosecute.
Gail fucking Purcell was the driver. Driving a friends mobility car, not just to avoid the congestion charge honest.
Hopely the universe has metered out justice to her in other ways
Gail fucking Purcell was the driver. Driving a friends mobility car, not just to avoid the congestion charge honest.
[/quote]
Thanks, this one:
https://road.cc/content/news/220521-breaking-news-driver-mick-mason-case...
Mick Mason/Gail Purcell - also covered here: http://www.voleospeed.co.uk/2017/04/a-question-of-perception-some-thoughts.html
Mick Mason/Gail Purcell - also covered here: http://www.voleospeed.co.uk/2017/04/a-question-of-perception-some-thoughts.html
[/quote]
Thanks, I hadn't seen that particular commentary. Worth looking at just for the BBC bar chart.
Wow, the claiming not to have seen a cyclist defence didn't work for once. Is this a sign of things to come?
yeah not seeing something right in front of you as a motorist is normal a cast iron get out of jail free card. I wonder if it’ll be over turned on appeal.
> the judge also banned him from driving for three years and two months.
Not enough by a good 30 years.