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Old July 8th 04, 12:11 AM
Terry D
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Default Another killer walks free...

Howard wrote:
Hi folks,

Doesn't the Highway Code say that drivers should always be able to
stop in the distance they can actually see to be clear?

As if we didn't know this again shows that the courts, as well as many
drivers and police, believe in one basic principle; that the public
highway should be considered to be the private domain of the users of
motor vehicle users and all others users venture there entirely at
their own risk...

GRIEVING FATHER CALLS FOR CHANGE IN THE LAW
By Jacqui Walls,
PA News

A grieving father whose daughter was killed as she crossed a road
called for a change in the law today after a motorcyclist walked free
from court. Georgina Toomey, 11, was on her pink bicycle outside a
holiday resort in Lincolnshire when she was struck by the motorbike
and thrown into the air.

Alan Heath, 26, was cleared by a jury of causing death by dangerous
driving and the court decided not to proceed with any further charges.
Her father John said he was angry that justice had not been done over
his daughter's death and that the motorcyclist had not even apologised
over the tragedy. He said: "Sadly, we believe that in this court case,
along with a number of other high-profile cases where children have
been killed by drivers, justice and the law were separated. "We say
this demands a significant change in the law. We have not sought
revenge - nothing done by the court would have eased our loss and the
sadness we feel. "The only anger we feel is that the accused did not
even have the decency to say he was sorry for killing our daughter.
"What we hoped to achieve was a decision that would make other drivers
think about the risks they posed to children and to exercise more
caution on the roads. "Regrettably, this case has had the opposite
effect. The decision of the court amounts to a licence for every mad
b*****d in Lincolnshire to continue with total disregard."

The trial at Lincoln Crown Court heard Georgina was cautiously
following her older friend across the road in Ingoldmells, when the
motorcycle came round a bend. The youngster, from Peterborough, was
flung into the road as the motorbike struck her bicycle and despite
the efforts of paramedics, she died from her injuries. The jury heard
the motorcyclist had overtaken at least one vehicle shortly before the
accident in May last year on the A52 Skegness road. Heath, of
Elizabeth Drive, Chapel St Leonards, Lincolnshire, told the court he
knew the corner was potentially dangerous. But witnesses said he was
riding over the speed limit.

He denied causing death by dangerous driving and was found not guilty
last month following a four-day trial. The prosecution found they
could not proceed with a further charge of careless driving for legal
reasons. The father-of-three added: "While supporting the right to
trial by jury, we are unable to comprehend the verdict reached. "It
flies in the face of the evidence of impartial witnesses. "Last year
it was our daughter and this year it will be somebody else's
daughter." Georgina, who was a member of the St John's Ambulance
cadets, had asked for her organs to be donated following her death and
her heart was used in a transplant to save a young boy, her father
said. The Walton Junior School pupil wanted to become a barrister when
she grew up and was just waiting to start secondary school when the
tragedy happened.


Today I got really excited about doing 27 mph on a flat, straight road
out in the country. The speed limit for this road is 70 mph.

I could have gone faster on a moped, or a lot faster in my car, but I
wouldn't have got excited about it.

The problem with motor vehicles is that the thrill of speed relies on
you being able to go faster than some other git who has a similarly
uncontrollable heap of bhp/joules/watts/whatever. Your personal ability
to handle this power has bugger all to do with the process. It's a bit
like two cyclists pedalling to the edge of a cliff and then going over
the top to see who can get to the beach first. The fate of the
sunbathing family on the beach below is not considered.

The sooner we clamp down on this sort of wanton behaviour the better as
far as I am concerned. Motor racing should be reserved for track days
not practised on _our_ roads.

My condolences to Georgina's family.

Terry Duckmanton

--
Terry Duckmanton.

http://homepage.ntlworld.com/terry.duckmanton
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