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Police not to blame for death of cyclist killed by fleeing burglar during pursuit

Gary Lynch reversed into Arthur Bourlet while trying to evade officers

The Independent Office for Police Conduct (IOPC) has concluded that Northamptonshire Police officers were not to blame for the death of cyclist killed by a burglar during a high speed chase.

Nine police cars were involved in the pursuit of Gary Lynch, 55, when he hit 75-year-old Arthur Bourlet in Station Road, Isham, on April 11.

Lynch had carried out two burglaries that morning and attempted another. He was driving a Mitsubishi Shogun that was flagged as stolen and picked up by automatic number plate recognition cameras which alerted police.

Lynch drove at speeds of up to 80mph and rammed several police cars as he tried to escape.

Cornered, he reversed at speed and hit Bourlet, who had been pushing his bike up the hill on Station Road. Bourlet died three weeks later.

Lynch was stopped and arrested shortly afterwards after a police BMW struck the driver's side. In September, he was sentenced to 11 years for causing death by dangerous driving and 18 months for the two burglaries, with the sentences running consecutively. He was also banned from driving for five years. 

The BBC reports that the IOPC this week said it was "of the opinion that there was no evidence that the officers could reasonably have been expected to foresee the presence of the cyclist".

It said no officer had behaved in way that should result in disciplinary proceedings and none had committed a criminal office.

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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12 comments

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antigee | 4 years ago
1 like

well it's not quite an urban environment but surely its one in which you'd expect there to be pedestrians or cyclists? ...maybe not  and that is the problem...cyclists and ped's don't factor in...as to was it a proportionate response...the police get knocked a lot but looks like chasing down the stolen property (the 4wd the burglar was using) got  priority over public safety...9 police cars...ok if if a terror suspect but a burglar? 

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hawkinspeter | 4 years ago
0 likes

Rehabilitation is one thing, but allowing this person to legally drive again is just laughing in the face of the dead cyclist's family/friends. A callous disregard for someone's life shows that the burglar is not capable of being a safe driver and should never be allowed to legally drive again. If there's a high percentage chance of him driving without a license, then it would seem pretty easy for the police to catch and convict him again.

I like the idea of pursuit drones - they sound like a great idea. It'd reduce the chance of police being blamed for incidents like this (always seems a bit unfair to me) and it'd probably be a fun job pilotting the drones. Maybe fit them with little sticky trackers, so the drone only has to make contact with the car roof to leave a little GPS beacon and have the drivers follow at a safe distance watching for when the target stops moving.

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CyclingInBeastMode | 5 years ago
2 likes

This is why the use of 'chase' drones and/or targetting vehicles within range with an attachable GPS tracker (they were used in the US via a lazer guided luancher in the grille) would be a very good solution and remove the chase aspect which ALWAYS ups the ante in terms of speed and dangerous actions.

To suggest that a criminal would not increase speed or take greater risks when being pursued is clearly a blatent and obvious lie.

Not only could it reduce the chances of a KSI and damage to police vehicles, there's likely to be an increase chance of arrest/finding location of the wrong uns address because they think they've got away.

How the driver didn't get the maximum tariff is anyone's guess!

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Tom_77 | 5 years ago
1 like
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levermonkey | 5 years ago
2 likes

Deleted comment

 

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Captain Badger | 5 years ago
0 likes

Is it clarified anywhere whether the ban is concurrent with teh sentence?

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HoarseMann replied to Captain Badger | 5 years ago
2 likes

Captain Zhap wrote:

Is it clarified anywhere whether the ban is concurrent with teh sentence?

It's implicit now since the law changed a few years ago. The ban starts at the point they are likely to be released from prison (i.e. half the term of the prison sentence)...

https://www.sentencingcouncil.org.uk/explanatory-material/magistrates-co...

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Captain Badger replied to HoarseMann | 5 years ago
2 likes

HoarseMann wrote:

It's implicit now since the law changed a few years ago. The ban starts at the point they are likely to be released from prison (i.e. half the term of the prison sentence)...

https://www.sentencingcouncil.org.uk/explanatory-material/magistrates-co...

 

Aaah, thanks!

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bertisfantastic | 5 years ago
6 likes

5years driving ban -wow 

this delightful gentleman has shown that he is not safe or responsible enough to ever be allowed to drive again. It's a privilege not a god given right. 

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AlsoSomniloquism replied to bertisfantastic | 5 years ago
0 likes

bertisfantastic wrote:

5years driving ban -wow 

this delightful gentleman has shown that he is not safe or responsible enough to ever be allowed to drive again. It's a privilege not a god given right. 

Whilst I understand this regular sentiment on life time bans for dangerous driving, I thought that rehabilitation was the role of the justice system and a lifetime ban from doing something goes against that. I wouldn't be against revoking licenses along with the ban with extended driving test needed to get it back. But then I'm also for a limited time license for everyone anyway with tests needed every 10 years or so to retain them. 

Anyway, with people like the ones in the original report, I can't seem them not being bothered about something as simple as a license and can see them driving with the first few months of being released, probably a stolen vehicle as well. 

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bertisfantastic replied to AlsoSomniloquism | 4 years ago
3 likes

AlsoSomniloquism wrote:

bertisfantastic wrote:

5years driving ban -wow 

this delightful gentleman has shown that he is not safe or responsible enough to ever be allowed to drive again. It's a privilege not a god given right. 

Whilst I understand this regular sentiment on life time bans for dangerous driving, I thought that rehabilitation was the role of the justice system and a lifetime ban from doing something goes against that. I wouldn't be against revoking licenses along with the ban with extended driving test needed to get it back. But then I'm also for a limited time license for everyone anyway with tests needed every 10 years or so to retain them. 

Anyway, with people like the ones in the original report, I can't seem them not being bothered about something as simple as a license and can see them driving with the first few months of being released, probably a stolen vehicle as well. 

 

i guess it's about levels of risk and degrees of supervision. 
 

you probably wouldn't be happy to let harrold shipman be your nans GP when he got out or have a convicted paedophile run your kids nursery but you might well let a tax evader fix your plumbing. 
 

someone who has shown such spectacular disregard for the laws surrounding driving probably shouldn't be let behind the wheel of a car unsupervised imho. 

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vonhelmet replied to bertisfantastic | 4 years ago
0 likes
bertisfantastic wrote:

you might well let a tax evader fix your plumbing. 
 

Appropriate choice of example given the levels of tax evasion committed by tradesmen.

"Cash discount" anyone?

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