2009-02-05 - Rider Down/Fatality, Notting Hill Gate

http://www.dailymail.co.uk/news/article-1319839/HGV-driver-bad-eyesight-killed-TV-producer-bicycle-fined-just-200.html

FFS...

RIP Eilidh.

Ride on, ride free.

Just seen the news piece, just shocking.

my sympathies continue to go out to eilidh's friends and family; that is not closure or justice.

Chair of the bench Jill D'aprano said: 'We are today only dealing with the guilty plea to driving with uncorrected defective vision.'

Is that the only charge that came out of this?

my sympathies continue to go out to eilidh's friends and family; that is not closure or justice.

Agreed. I know the court shouldn't act on emotions, but this feels disrespectful.

Thoughts goes to the family, and RIP Eilidh

I guess that means there might be further action?

I guess that means there might be further action?

No. I think the story is that they can prove his eyesight was defective in May but they cannot prove it was defective in February, when he ran down Eilidh. They did not check his eyesight in Feb.

Yes, but he pleaded guilty, therefore proven by admission.

the situation feels like the worst possible outcome save for not apprehending the driver at all. this kind of story scares the shit out of me having a loved one and friends on the road and also burns me up that the justice system appears so useless. i can't guess how frustrated eilidh's family are feeling.

Yes, but he pleaded guilty, therefore proven by admission.
He admitted guilt for "one charge of driving whilst his eyesight was such that he couldn't comply with the requirements of a prescribed eye test" relating to May. He has never been charged with any offence relating to killing Eilidh in February.

^ I guess that's because they can't prove he killed her? Since in court your innocent til proven guilty?

How he can't be guilty though is, frankly, beyond me

He admitted guilt for "one charge of driving whilst his eyesight was such that he couldn't comply with the requirements of a prescribed eye test" relating to May. He has never been charged with any offence relating to killing Eilidh in February.

Well yes, I was only commenting on proof of defective eyesight in February.

At this point there should be pursuit of a review of the whole incident to end of trial case pathway as it would seem fairly evident that if it is determined that a driver who caused death was not competent, through physical attribute, then they should be tried for far more than just sub par eyesight. At the very least the public service mechanisms owe it to Eilidh's family to explain why what has happened, has happened the way it did. In my opinion they owe it to the wider public, especially vulnerable road users, why they have so comprehensively failed to protect us.

^ I guess that's because they can't prove he killed her? Since in court your innocent til proven guilty?

How he can't be guilty though is, frankly, beyond me

Because to be guilty of that, you need intent.

Because to be guilty of that, you need intent.

No you don't.

Intent would only apply to murder. Manslaughter on the other hand requires only requires a condition of negligence of behaviour.

only yesterday i found some of the spoke cards from the ride and was wondering what was happening with this case, now i see this shocking news. can't believe it

how does this happen again and again? i was on the road peace website the other day and theres story after story of people being killed, and the driver being let off or not even charged. this really needs to change.

I definately agree with you Jemjah..this needs to really change. i mean come to think about it its not fair, at least he should pay a fine or a compensation to the family...

Shocking. And totally wrong. :(

Do his employers not have some responsibility to ensure that he is fit to drive?

I feel so sad for Eilidh's family, their loss and the fact that this judgment does not go any way to help bring any closure to this case.

If you are involved in an incident where someone dies as a result, an automatic lifetime driving ban should apply.
Even that would not be enough.

Post number 30 on this thread:
*sadly, this was my girlfriend Eilidh, she was riding the bike she loved on the route she takes to work everyday. she died in hospital yesterday. words cannot express how much i loved that girl. cycle safely.
giles

*Please read that and save your bickering for somewhere more appropriate.

I'm sorry for the loss of everyone concerned. I don't think anyone sets out in the morning to kill anyone - even lorry drivers with marginally below par eyesight. This is the tragic outcome of being careless with a massive piece of machinery.

Vengeance isn't the same as justice. But neither is points-and-a-fine. All round just tragic.

Take care everyone.

So sorry to hear of this outcome. The law is truly an ass. I really wish we could all club together and do something about this.

I wish there was something we could do.
:(

This brings back considerable sadness and my thoughts are with Eilidh's family and friends. One other person who we should spare a thought for is Melinda Ross.

During the Westminster Coroner's inquest witness Melinda Ross said in a statement: 'I heard a loud bang. It was a metal on metal sound. I also heard a scream.

'I saw a woman trapped under the second wheel of the lorry. The body from the waist down was under the tyre itself.
'Her right hand was badly injured, she was still conscious. She asked me to help her and not to leave. She found it hard to breathe and was in pain.
'She kept asking where the ambulance was and I stayed with her and tried to keep her calm.'

Her kindness is worth remembering.

So sorry to hear of this outcome. The law is truly an ass. I really wish we could all club together and do something about this.

Sad part is we've all really tried. I'm absolutely gutted. You couldn't put a price tag on Eilidh. She was a terrific person. This is just heartbreaking. Nice to know we all rate so highly as humanbeings in the eye of the law.