London Fixed-gear and Single-speed

Dear All

TOMORROW FRIDAY 3 JULY - PROTEST - Crown Prosecution Service - Reading and London?
"Sorry Mate I didnt See You (SMIDSY)" is cutting it with the Crown Prosecution, when a driver of a vehicle mows down and kills a cyclist.

If you think that this isnt good enough, please consider joining this protest at Reading CPS tomorrow, Friday 3rd July.
It would be great if a parallel protest was carried out at the London CPS. (50 Ludgate Hill, London, EC4M 7EX).
http://www.streetmap.co.uk/map.srf?x...earchp=ids.srf

Sadly there have been serveral cyclists killed in London this year already.
I dont know how to contact the family and friends of those other victims.
I am not in London but if anyone is in the position of encouraging people to turn up at the London CPS that would be great.
Might be a good idea to liaise with Adrian (see below).

I am desparately trying to get Eilidh's case to court so the driver doesnt just walk away and continue this precedent.
The case should be going to the London CPS any day now and they will decide what action to take.
In light of the precedent set, I am expecting zero action.
Please forward as much as you can. Many thanks.
Kate
---------------------------------------
Sorry this is really short notice, but I have been offline for a while
See the details of our action below:-
This Friday (3 July) is the 1st anniversary of the death of local cyclist Anthony Maynard.
Anthony was cycling between Henley and Bix when he was struck from behind by a van driver who claimed in his defence that he didn't see Anthony.
Anthony was with another local cyclist who was seriously injured.
The Crown prosecution service decided not to prosecute the driver, and this decision has left any vehicle driver who kills a cyclist to simply say I didn't see him or her and get away scot free.
This is of course an outrageous decision, but there is no option to appeal. So left with no choice Reading Cycling club (of which Anthony was a long term member) are organising a protest outside the office of the Crown prosecution service at Eaton Court, 112 Oxford Road, Reading, Berkshire RG1 7LL.

The CPS offices are close to the town centre, at the very start of the Oxford Road:
The cycling club and friends of Anthony would like to invite any cyclists to join us in this protest.
We will meet at 4 pm, and the protest will last about 10 minutes. Please come along, and spread the word.
adrian lawson
adrian1@ntlworld.com

You have a pm, please check it asap!

i wish i could make it

Bump. I'm going down to this tomorrow.

likewise would like to join in on this but working and can't get out of it :(

good luck with it.

i can go, im in kings cross tmrw, do i need a bike?

The crown prosecution service have a duty to pursue cases only when there is a reasonable chance of conviction. If there is not they have to drop them. It may result in some miscarriages of justice, but that's the price we pay for living in a relatively free society.

Where the CPS do not bring a case to court there is the option of a civil case, with which the burden of proof is lower. These might have more chance of success.

they have to be over 70% sure of getting a conviction for it to go to court - it's one of the reasons why so many dangerous driving cases are downgraded to driving without due care, it's mcuh easier to prove.

The fact that a driver was clearly careless and killed another person should automatically end in a court case, like it would in most other countries
The CPS can choose to avoid the trouble of a court case because it was a cyclist. The motorist is excused from carelessness because the majority of motorists might be similarly careless. As cyclists we have to rise up and change this outrage. I will be at the Reading protest. I knew Anthony. I still grieve for him. I want the driver to stand before a court of law for causing his death.

Is there anyone going to do a london protest?

Fixies, I would really appreciate every single person that goest to the London CPS.
I feel so helpless up here in Northumberland. I really cant make it down (little children) but it would be such a shame to miss this opportunity of getting our voices heard. I spoke to Adrian tonight, who is organising things in Reading. There will be press coverage and the BBC and local TV at Reading.

The LCC have already posted this press release covering the London demo too:
http://lcc.org.uk/index.asp?PageID=1428

In Reading they are putting up a ghost bike at the CPS tonight and then tomorrow they are going to deliver a statement to them, and they are going to leave a laminate copy with the bike. They are going to have banners. They are going to splash red paint over the bike when they leave. Bit grusome but it makes the point I feel. Lets not shy from the horror of this. We need to be hard hitting and graphic. Noone else is going to change this if we (cyclists, and victims families) dont.

It would be great if we could mirror Reading as much as pos but I realise its a big ask at the last minute. I have asked Adrian to email me a copy of their statement in case anyone can print it off to deliver, and one to laminate. I doubt anyone can get a ghost bike there in time?

I've sent the info out to all the press contacts I have. I hope someone turns up...!?
Anyone any ideas what else I can do let me know.
Thank you to all who've posted comments.
Kate

In. See you tomorrow.

It's that "clearly" though, isn't it. If it was that clear then yes, the CPS should bring the case. It may be that our laws in this matter are not as robust as those in other countries. Cycling clubs should definitely consider the private prosecution / civil case route when the criminal system fails like this.

I wish I could make it to the London one, but at 4pm I'll be at work on the other side of London.

Not wholly important I know but will the CPS offices still be open at 4pm ona Friday?

I'm gonna roll down and show some support for this...

+1

I'll be there as well. I believe that death = courtcase should be the rule.

I'm in to support.

I'm going to try and make this too

The Code for Crown Prosecutors states that the test to be applied when making a decision to charge a suspect is whether there is "Realistic prospect of conviction". That means that it is "more likely than not that a jury would convict".

"Realistic prospect" needs evidence. Even if it seems obvious what happened from pieceing together accounts from bystanders (as I have done in Eilidhs case), it needs a hard fact statement of someone willing to stand up in court and describe what happened. That's why I've been putting so much effort into trying to find witnesses to Eilidh's crash. The letter from the CPS in Anthony's case said this:

“the fact that no prosecution has followed in this case does not in any way mean or suggest that drivers may drive carelessly around cyclists or that cyclists will not be afforded the protection of the law where appropriate

The "where appropriate" is chilling. So apparently there are cases where a cyclists wil not be afforded the protection of the law?!?

Surely if someone has been killed, it's because of bad driving (not anticipating, not adjusting driving to taking account of bad conditions of vulnerable road users etc etc). If everyone was driving properly, people wouldn't die. In most of Europe and in France drivers are presumed to be at fault in motorist-cyclist collisions. The presumption is irrebuttable / conclusive if the cyclist is less than 12 years old or more than 70.

Who can take a statement to be delivered to the CPS? Shall I post it here? Or I can email it to someone. I am adapting the one that Adrian is taking in Reading.

I just phone them. They are open til 5pm today.

Thank you.

London Cycling Campaign has sent a message asking thousands of our members to support this demonstration. We can deliver a statement. We would include a call for the CPS to take a much stronger line in prosecuting lorry operators who have failed to provide their drivers with the best training and or equipment available or do not monitor the performance of their drivers properly.

Please post statement or email

1. BANNERS/ A3 / A2 SHEETS:

PROTECT OUR CYCLISTS
FROM KILLER DRIVERS

2. LETTER FOR DELIVERY TO CPS + LAMINATE AND ATTACH OUTSIDE CPS
PRINTS ONTO 1 SIDE A4 WITH MODERATE MARGINS

London CPS – Demonstration Statement – 3rd July 2009

We are cyclists of London, gathered here this afternoon, in a quiet protest and short vigil in memory of all our fellow cyclists killed by the drivers of vehicles; several more during this year already.

In particular we think of Eilidh Cairns, 30, who was killed at Notting Hill Gate by a tipper lorry driver on February 5th this year, and of Anthony Maynard, 25, who was killed north of Henley by a van driver exactly a year ago

We make our protest here at the London Crown Prosecution Service, to remind Ms Dru Sharpling, Chief Crown Prosecutor, of the decision of her colleagues at Reading CPS, when last year they inappropriately, remissly, and to our minds unforgivably, ordered that the van driver who struck Anthony (and his companion) from behind would not face charges. We do not hold Anthony’s life so cheap

You, the CPS at London, will shortly be reviewing the case of Eilidh Cairns who was also hit from behind on a one-way straight road.

Our protest is on behalf of all cyclists. Across Europe, motorists are presumed to be at fault in motorist-cyclist collisions. In the UK, even faced with prime evidence of a dead body, a driver does not have to prove his innocence. Instead the C.P.S. decides whether charges can successfully be brought against the motorist, and can then choose to drop a case entirely. In Anthony’s case (and as is claimed in Eilidh’s case, and in the cases of many others) the van driver’s defence that he simply didn't see the cyclists was accepted by the C.P.S. as an adequate accounting for the death of a highly-principled and well-loved citizen in the prime of his life

In a time when the nation as a whole is encouraged to exercise, and use forms of transport other than the car, and when climate change is seen as a real threat, cyclists need to feel that they have the full and equal protection of the law when on public roads, and not a law apparently interpreted (or simply set aside) to the maximum advantage of the driver, no matter how culpably careless. The C.P.S. was in dereliction of its duty last year. We fervently hope that it will adopt a different perspective, starting with the forthcoming case of Eilidh. Allowing drivers to kill with complete impunity just will not do, and does not meet the nation’s needs and priorities

We append a quotation from Christopher G. Thompson, ‘District Crown Prosecutor, Oxford Rural’, in a letter sent by him to one of the Reading Cycling Club committee who had written deploring this failure to prosecute (dated 16 March 2009):

“the fact that no prosecution has followed in this case does not in any way mean or suggest that drivers may drive carelessly around cyclists or that cyclists will not be afforded the protection of the law where appropriate.”

In what must have been a considered letter, the phrase affording cyclists the protection of the law “where appropriate” is chilling: NO! We demand the protection of the law. Full stop

Thank you. Cyclists of London

Wish I could make this but not able to get out of work and travel to Reading today. You have my full support though. Let me know if there is any further group action planned.

In my own opinion, SMIDSY should automatically be an admission of guilt to driving without due care and attention as an absolute minimum offence, leaving the way open for higher charges to be investigated by the police and pursued by the CPS.

yes good point - I agree - admitting you didnt see someone is admitting you werent driving with due care and attention?!
killer, where are you working?
its in london as well as reading......

Swindon

Sadly I'm out :(

see you there peeps.

Already here (London), ss a walkenger. See you guys soon.

Red road-works barriers at front of building.

petition submitted. Let's keep the pressure on.

Kate,
I rode the memorial ride, but just could not get away from work an hour early for this one.
I wish you all the success in this campaign. I'll be writing to my MP and the mayor (again - depressingly) to remind them of the lack of government action which has resulted in the loss of seven more lives since I last wrote.

I was travelling today, would have supported if it had have been possible. the work your doing is highly admirable and I for one appreciate it and support you.
will keep reading this thread.

Thanks msj110
what happened today? How many people turned up? was it enough?
thanks so much for going to all who made it.
a lot of eilidhs friends (all her flatmates and giles and more) were away this w.e. so couldnt go down. I hope you thought it was worth it.
K

We had a nice little protest with a speech and handed over the statement to the CPS receptionist. I have some more pictures and will post some later. Excellent turnout at such short notice.

wish i could have been there.

As Oliver said, with probably about 30 people there. A few more pictures here http://www.flickr.com/photos/booksna...7620905829640/ and on Real Cycling blog.

I realise this is a really bad place to say this, and completely beside the point of this article, but I don't agree with this, or that the driver should always be at fault.

Obviously more often than not it is the fault of the driver, and something needs to be done about it, but there are also a huge amount of irresponsible cyclists too. As a theoretical example, the huge numbers of cyclists who jump red lights, if they get run over while doing that, I'd say that's their fault, not the driver who's driver across the junction who runs them over, and has to live with that for the rest of their life.

But I don't want to piss on the memory of those that have been run over by the fault of drivers, and I support what you are doing.

.

Then there needs to be a trial to determine fault, doesn't there, Jr?

The point is, if any other road user was killed by an HGV things would be taken a lot more seriously. If you are going to take charge of a dangerous machine, you should be made to be responsible for your actions and aware of the damage you can cause. I dont think every driver is necessarily guilty. I dont necessarily want Eilidh's driver to end up in jail. All we want is for them to go to court and have a fair hearing. At the moment they are not even doing that. If it had been a pedestrian at the crossing what do you think would have happened? Sorry mate, didnt see you? And that would be that? So currently these drivers can get back in their truck, the same truck, and do the same thing the next day. And come up with the same excuse! Look, Eilidh and Anthony are proof that good, experienced cylists are still killed. They are not ditsy blonde girls who dont know how to ride. They were in front and driven over! Not a left turn. We just want equal protection of the law like any other road user. These are not accidents. An accident is something that cannot be avoided. These are failures, be that failure of government policy, truck companies, drivers, or cyclists. If a driver kills a cyclist he pays with the guilt/ emotional trauma, whatever. No fine, no points, no ban, no court case, no job loss, no need to prove his innocence. And they know this. So there is no recourse, no incentive by truck company or driver to make sure it doesnt happen. But the cyclist dies, the dependants are left without a parent, the family and friends suffer, the emergency teams suffer and we as tax payers all suffer. The law is supposed to protect the innocent and vulnerable. Compare the vulnerability of a cyclist sharing space with a fully loaded tipper truck with that of its driver. QED.
PS If you wait for a green light at Hyde Park corner you will be mashed. Maybe they have put in better cycle lanes since I did that commute a long time ago.

Agree with Ktee.

In my mind, if people get killed, at least give them the respect to bother with prosecution and trial. If that turns out to prove innocence or even reasonable doubt, so be it. But even then there are cost implications and raised attention of a court case, that might lead to more political pressure to fix the problems, force extra mirrors, training etc ...

I don't know how the legal system here works, but a judge might rule that the fault is in the road safet policy etc, and that ruling couldn't be ignored?

SO here it is again: Considering that the legal system also prosecutes instances of petty crime, I think they should prosecute things that result in killings.

Absolutely, I was just disagreeing with the statement that it's always the fault of the driver, but yes more cases should go to court

Well put, Ktee.

Riding a bike shouldn't be a dangerous thing. Roads (with the exceptions of motorways) were not built for cars, irrespective of what people behind the wheel will tell you. We all pay for them through our taxes (not the ficticious 'road tax'), we deserve consideration and due care. Lots of drivers cite people jumping red lights and running people over on pavements as though it's a justification for driving like pricks. It's not.

Thanks to all of you who made it to the CPS demo on Thursday.

The issue of HGVs, cyclists and fatal crashes will be one of the subjects on Wednesday's edition of Woman's Hour - BBC Radio4 at 10am. They will be talking to Cynthia Barlow of RoadPeace and Chief Inspector Jo Oakley, Head of Collision Investigation for Metropolitan Police.

The Police have just posted a cyclst <--> HGV video on You Tube, what do you think? ...
YouTube - Exchanging Places

[Embedding disabled by request]

It makes the point nicely IMO - the point being stay well clear of HGV's

It's never going to get a million hits but it's good to see the Met making an effort. Some will doubtless say it's not enough or it's too little too late but every little helps and if it saves one person from injury or worse then it's a job well done

Very sensible advice there, if you have to overtake them, then do it on the outside, but of course there's much better advice. Don't overtake them.

It's not exactly up there with the dancing bear, but at least it's something. Whatever happened to the viral HGV video idea?

there's no advice on the situation of being way in front of the truck, it accelerates towards you and mows you down....

cemex are doing good things. think it is the industry leader. thanks to cynthia barlow of roadpeace buying shares and voting at the agm and forcing them to look at this issue when one of their trucks killed her daughter (the second time for that particular truck and that particular place!)

charlie, I though the womens hour programme was on monday 13th? cant see it on their website.