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Motorist called “disrespectful” by coroner for refusing to answer questions after causing cyclist’s death

The driver was released after being arrested on suspicion of death by careless driving, and answered “no comment” to every single question asked by the coroner

A motorist involved in a fatal collision which resulted in a cyclist’s death in Hampshire has been branded “disrespectful” by the coroner after she refused to answer any questions, replying with a curt “no comment” at the inquest attended by the deceased’s family.

45-year-old Oliver Gadney, a “keen and experienced” cyclist, was riding on Newton Lane, between Andover and Winchester, on August 15, 2021 with his friend, when he was hit by Alice Kitching driving a Vauxhall Astra.

Kitching was asked questions regarding Gadney's death by the coroner at the Winchester Coroner’s Court, but at the advice of her legal representative, she answered “no comment” to every question, reports the Daily Echo.

After the crash, Kitching had been arrested on suspicion of causing death by careless driving, as well as causing death by driving a vehicle while unlicensed or uninsured.

However, she was released without charge. A post-mortem later revealed that Gadney had died soon after from head injuries caused by the collision.

The coroner asked Kitching: “Are you going to answer no comment to all my questions?”, to which Kitching replied: “Yes.”

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Gadney, of Greenacres, Barton Stacey, was cycling with his friend Mark Wadey on the day he died, and Wadey described him as “the nicest guy you could ever meet”.

Wadey said: “He was a generous, genuine and funny guy. We went cycling together on a regular basis. He was a very safe rider who always erred on the side of caution.”

The inquest heard that Gadney and Wadey approached a sharp left-hand bend in the road. Wadey said: “Suddenly the car was right there. I heard a loud bang behind me and saw Oliver catapulted over the bonnet. He was unresponsive, so I called 999.”

Kitching was breathalysed at the scene, which came back negative. In a statement to police after the incident, she said that she had held a full driving licence for about three months and that she had been driving at a speed which was appropriate for the conditions.

However, a forensic collision investigation report concluded that neither Mr Gadney nor Ms Kitching had sufficient time to react.

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The coroner said at the inquest: “Mr Gadney was just 45 when he died. He was a keen, frequent and experienced cyclist who was familiar with the road. Based on the evidence, he approached the bend at 15mph.

“Ms Kitching chose to answer all of my questions as ‘no comment’. She does have the right not to incriminate herself. Ms Kitching approached the bend at 18mph. It is a narrow road with vegetation, so there was insufficient time for either of them to avoid it.”

The coroner gave the cause of death as a road traffic collision and gave his condolences to the family. 

Adwitiya joined road.cc in 2023 as a news writer after graduating with a masters in journalism from Cardiff University. His dissertation focused on active travel, which soon threw him into the deep end of covering everything related to the two-wheeled tool, and now cycling is as big a part of his life as guitars and football. He has previously covered local and national politics for Voice Wales, and also likes to writes about science, tech and the environment, if he can find the time. Living right next to the Taff trail in the Welsh capital, you can find him trying to tackle the brutal climbs in the valleys.

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59 comments

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HLaB replied to ChrisB200SX | 1 year ago
1 like

I aggree 100%, but the road is likely a 60mph speed limit and muppets iterpret it as reasonable according to it sad

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brooksby replied to HLaB | 1 year ago
2 likes

The Echo article says that she said she was driving at 18 mph on the approach to the bend.  Which is actually pretty reasonable, and as HLaB says, is a lot better than many motorists do on those sorts of roads.

What this incident illustrates, I guess, is that a two tonne metal box powered by an internal combustion engine can kill someone at any speed.

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Solocle replied to brooksby | 1 year ago
3 likes

Clearly the road isn't suitable for motor vehicles!

Ironically, I've never cycled it, but I've cycled on both the A roads that parallel it, the A30 and the A303.

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Doctor Darabuka replied to Solocle | 1 year ago
4 likes

I’ve cycled along that very lane many times, but I’ve calculated the most recent occasion was, sadly, 53 years ago.   If I remember rightly, Joe Strummer and family lived in a farmhouse on the lane.

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Hirsute replied to brooksby | 1 year ago
2 likes

But where did 18mph come from ?
Still seems too fast for the road. What happened to stop within the distance you can see to be clear?

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Solocle replied to Hirsute | 1 year ago
3 likes

On a lane like that, the rule is double the distance you can see to be clear.

If it's accurate, the cyclist doing 15 mph, the motorist doing 18 mph, then stopping distances might be quite similar for each, factoring in ABS.

Which would mean potentially they were both failing to uphold that.

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quiff replied to Solocle | 1 year ago
1 like

Solocle wrote:

On a lane like that, the rule is double the distance you can see to be clear.

Half, presumably? I.e. be able to stop in half the distance you can see to be clear, to allow for closing speed. I think people forget that an oncoming driver is also going to use some of the space they can see to be clear.  

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Hirsute replied to quiff | 1 year ago
0 likes

I think that is just phrasing the same thing in slightly different words. ie if you can stop in 10m, then you need to allow 20m as the distance you can see to be clear.

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AlsoSomniloquism replied to Hirsute | 1 year ago
2 likes

Cyclists were travelling at 15mph, same accusation could be thrown there. Accident investigators estimated both speeds, (cyclists might even have had strava). Whilst it wouldn't be the first case of investigators getting things wrong, they also probably get them right more times. 

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Hirsute replied to AlsoSomniloquism | 1 year ago
1 like

But it is still unclear which direction they were all travelling in.

I should be very interested in how the 18 was derived.

 

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AlsoSomniloquism replied to Hirsute | 1 year ago
1 like

I doubt it was unclear to the Police and the coroner. However look at it this way. If the car was travelling at 18 mph and the cyclists at 15 mph into the same bend, then  I doubt the Police and coroner would be stating there was nothing that could have been done for either party, plus a 3mph closing speed would not have had the force to make a loud sound or have the cyclist going up and over the bonnet. Plus the witness in front wouldn't be stating he saw the car first and then heard the bang behind him, but would have been stating hearing the bang and then looking behind him. 

As for the 18 mph, braking tracks plus the eye witness accounts. The car woudn't have taken long to stop in the dry, but with a closing speed of 33mph....

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IanMunro replied to ChrisB200SX | 1 year ago
1 like

"she would instead have been able to stop within the distance she could see to be clear!"

Sorry to be the pedent but this absolutely guarantees hitting another vehicle on a narrow lane using that thought process.

If you work on the stoping within the distance you can see (which maybe she was..), it doesn't take into account that if you encounter a vehicle coming in the opposite way doing the same thing, then all that braking distance you had planned on has now gone, and you'll hit the opposite vechicle midway in that space.

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leipreachan | 1 year ago
5 likes

So manslaughter is not a crime anymore. Not at all!

Great British Justice.

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EddyBerckx | 1 year ago
5 likes

Honestly...after 11 years and nearly 60K miles of following the rules I do wonder whats the point when time and time again this happens.

Wheres the media outrage? 

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lalwanis | 1 year ago
7 likes

[🤬] [🤬] [🤬] [🤬] [🤬] [🤬] [🤬] [🤬] [🤬] [🤬] "However, she was released without charge. A post-mortem later revealed that Gadney had died soon after from head injuries caused by the collision." 

WTF is this!

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muhasib | 1 year ago
6 likes

So the other charges just got dropped and everything is OK?

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chrisonabike | 1 year ago
2 likes

Quote:

After the crash, Kitching had been arrested on suspicion of causing death by careless driving, as well as causing death by driving a vehicle while unlicensed or uninsured.

However, she was released without charge.

Why?  Or (because people who kill on the roads are let go all the time) why has nothing further happened?  Surely it's a simple matter to show if unlicensed or uninsured and to do something about that at least?

Or is it "We won't cooperate - you will have to prove my client was driving at the time.  Further, if you do so we will simply say it was a a tragic accident - there was a corner with restricted visibility so the cyclist 'came out of nowhere'.  We will point out that she was not drunk or exceeding the speed limit.  You know no magistrate / jury in the land will convict because no-one could foresee that and lower speed means it can't possibly be careless or dangerous..."

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chrisonabike replied to chrisonabike | 1 year ago
6 likes

Absolutely not wanting to victim-blame but sadly - even when there are two lanes / road is wider - if as a cyclist you can't see round a corner currently you need to consider what your options will be if a vehicle suddenly appears.  Quite possibly going too fast or even in the wrong lane.

This of course can mean more problems as if you move left a vehicle behind you may think it's their cue to overtake (into a blind bend)...

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AlsoSomniloquism replied to chrisonabike | 1 year ago
1 like

Seems the victim was behind the witness/other cyclist as that person was quoted as he saw the car then heard the bang behind him. He must have been lucky to not be hit but might have been more into the turn manouvre where his colleague behind might have been further out to then take the apex. 

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didsthewinegeek replied to chrisonabike | 1 year ago
1 like

Of course that eaxctly the same consideration should have been given by the driver of the car. However we must also understand that with no licence or insurance, she had absolutely no right to be on the road in the first place. With the collision coming from behind your point is however actually irrelevant. She also claimed to be driving at 18mph, with the cyclist coming at 15mph. It is indeed unfortunate to have died from such an impact, if that was indeed her speed.

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chrisonabike replied to didsthewinegeek | 1 year ago
1 like

didsthewinegeek wrote:

Of course that eaxctly the same consideration should have been given by the driver of the car. However we must also understand that with no licence or insurance, she had absolutely no right to be on the road in the first place. With the collision coming from behind your point is however actually irrelevant. She also claimed to be driving at 18mph, with the cyclist coming at 15mph. It is indeed unfortunate to have died from such an impact, if that was indeed her speed.

We don't have all the info.  I'd assumed a head on collision (e.g. first cyclist got round the bend and passed the car as it entered the bend coming the other way and hit the second cyclist).  However it is not clear from this article or the original.

As AlsoSomniloquism has said although the licence and insurance points seem strange there could be reasons why this was suspected but then was not the case (or at least not sustainable in court).

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Paul J replied to chrisonabike | 1 year ago
2 likes

It is a good idea on left-hand turns with restricted visibility to position towards the right hand side. E.g., of your own lane on 2-way road, or near the right of the road on a single-track. This obviously gives you significantly more visibility down the road and through the corner, giving both you and any motorist more time to take action.

You can quickly duck left again. On a single-track road, you can do that OR even exit the road right - lifting the bike up and just going straight and off the road to the right side of the corner may be the quickest and best escape route on some blind left-hand corners on single-track country lanes.

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AlsoSomniloquism replied to chrisonabike | 1 year ago
1 like

On the second charge, depends when the arrest happened, but maybe she hadn't recieved her license officially (she had only passed for 3 months) or it hadn''t been updated on records the Police had due to delays. (covid etc.)

So once she had the documentation, that was then dropped. 

As she was adamant she had done nothing wrong, I'm surprised she didn't want to talk at the inqury though. 

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mctrials23 | 1 year ago
14 likes

This is honestly the sort of thing that scares me. I was out the other day and coming around a corner there was an Audi driver (what a shock) who had to swerve to avoid me because he was about a metre and a half further towards me than he should have been and had no time to do anything but swerve. The speed that some people fly around country roads with blind bends is mind boggling. I assume the fact that hitting another car will probably not result in their own death means its OK. 

I've had numerous drivers act like I am the bellend because I dare to ride anywhere but the absolute gutter when on small country roads with gravel, dirt, horse poo etc. They seem to think that when it comes to small roads cyclists should get out of their way. They wouldn't act the same way if it was a car coming the other direction. 

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brooksby replied to mctrials23 | 1 year ago
7 likes

mctrials23 wrote:

They wouldn't act the same way if it was a car coming the other direction. 

Only because they know that another car hitting them might cause them an injury or - god forbid! - damage their vehicle.

They know that a cyclist will come off worse, so really couldn't GAF.

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wtjs replied to mctrials23 | 1 year ago
7 likes

They seem to think that when it comes to small roads cyclists should get out of their way

There's no 'seem to' about it- they really do think that.

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Surreyrider replied to wtjs | 1 year ago
4 likes

Yep. In Surrey on narrow roads with enough room to pass safely by slowing down and moving over to the left a bit, oncoming drivers do neither (it's as if a cyclist wasn't there) so I can only presume they couldn't care less if they kill or seriously injure someone.

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quiff | 1 year ago
5 likes

The coroner asked Kitching: “Are you going to answer no comment to all my questions?”, to which Kitching replied: “Yes.”

To which the coroner replied - aha, got you! 

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brooksby | 1 year ago
4 likes

Awful.

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