Pedestrians versus Cyclists - Who's to Blame?

you have seen it?

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Oooh, very dangerous ground Omah. OG waved her arm (and remember she has cerebral palsy and people with CP often have very little control of their limbs). I have not seen or heard anywhere that she pushed the lady cyclist.

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Of course not … it’s too harrowing for public viewing.

Never go into a court of law with that as a line of defence. You’d lose or be laughed out of court.

The council could find no record that it was a shared pathway … they’re not about to say categorically that it is are they when that pavement is less than the legal requirement to designate it a shared pathway.
That pavement is 2.4 metres wide … a shared pavemenet should be a minimum of 3 metres wide, and ideally 4.5.

This case is rather opening a whole can of worms and I’m sure many councils are now wondering how best to address the problem of pedestrian and cyclist safety , indeed dog walkers, small children , women with push chairs and mobility scooters who in certain areas all share the same space.
We could, I suppose, all walk in the road and force motorists to drive at 10 mph.

Was she? Or is that just your own opinion?

I think you’d best reconsider your words then.

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OTOH, I may not … The judge identifies a witness who saw aggression and contact from Grey.

I don’t think I will:

Det Sgt Dollard, who interviewed Grey, told BBC Radio Cambridgeshire: "I’ll always remember the morning after it occurred obtaining the CCTV and watching it in its entirety.

“In all honesty it’s horrific and not appropriate for wider release to the public, but, if it were, then I think a lot of the arguments in relation to appropriate responses would be null and void.”

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I haven’t got an opinion … it’s the jury’s verdict.

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Since when was agression a case for manslaughter … a raised arm can be raised for many things … .
You’ve stated publicly that the accuse/convicted did in fact push the deceased.

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https://www.noblesolicitors.co.uk/about/indepth-difference-between-murder-and-manslaughter.html

Involuntary manslaughter is charged when a death is caused by the defendant’s recklessness, gross negligence or by an unlawful and/or dangerous act. This means that the resulting death caused by the defendant’s action is unintentional, yet it has been caused through some form of recklessness or criminal negligence. For example, the accused may have struck the victim once using a clenched fist, prompting the victim to fall to the floor, hitting their head on the pavement, and in turn causing a severe head injury that results in death.

The Judge said:

A starting point of four years seems just, based on my finding that the sweep of your arm was an intentional act but being reckless as to whether harm would be caused.

He is not saying that OG pushed her. he is saying that the incident was horrific which I assume he means the car running over the poor lady cyclist.

He’s the detective not the judge or jury.

The trouble in this case is that Grey did not defend herself. Perhaps she doesn’t have the mental capacity. It’s a tragedy. But why they would think that it is in the public interest or cost effective for someone so vulnerable to be behind bars for 3 years is beyond me.

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Backpedalling now are we … what have you been doing if not expressing an opinion?
The jury is led by the Judge’s summing up and how the two counsel, prosecutor and defendant, present their cases … and as we all know barristers are proficient at bending, omiting or presenting the facts to suit the desired outcome.
And it is noteworthy that it was a retrial as the first time around the jury could not reach a decision.

There is, currently a shift toward encouraging cycling amongst the populace, it’s healthier, it’s good for the environment , it helps alleviate traffic congestion in inner cities … and do you know … I’d love to cycle too but I feel that the road is too dangerous now and whilst I could pedal along the pavement I feel they are already too crowded as it is, irrespective of who might have right of way or not.

The judge said:

The court heard evidence from a number of witnesses, and I found William Walker to be reliable and thoughtful. He is a cyclist and driver. He said that you and Mrs Ward appeared to have come to a halt in front of each other and you made a lateral sweeping movement with your left arm which was directed at Mrs Ward. He said “it either made contact or she recoiled and fell”. She fell into the busy ring road where she was killed by a passing car driven by Carla Money.

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Opinion

a view or judgement formed about something, not necessarily based on fact or knowledge.

Not my style … :018:

But you’re still surmising what the video contains … it’s not an opinion based on fact. You’re guessing … assuming … imagining.

I don’t know why you’ve posted that … all it does is prove that the judge said …the sweep of your arm was an intentional act but being reckless …
It does not say her arm hit or pushed or contacted or deliberately swiped the lady cyclist of the pavement.
It says it was a reckless act.

So I rest my case.
A ‘reckless act’ has resulted in a lady’s death … not a deliberate act . You’re still wrong to post such inaccuracies and downright misinformation.

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It’'s very much your style. You have taken, in black and white, the verdict of a jury … and not seen any shades of grey. That’s entirely your choice of course.

And on a lighter note … :face_with_hand_over_mouth: stop wagging your finger at me or it could be deemed to be aggressive hostile or reckless.

WHAT IS INVOLUNTARY MANSLAUGHTER?

Involuntary manslaughter is defined as an individual who has committed an unlawful killing without an intention to cause grievous bodily harm or kill the victim, causing the death by recklessness or gross negligence instead.

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