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Van driver who killed cyclist on A40 told he may face jail afterbeing found guilty



 
 
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  #1  
Old February 24th 12, 04:18 AM posted to uk.rec.cycling
Simon Mason[_4_]
external usenet poster
 
Posts: 9,242
Default Van driver who killed cyclist on A40 told he may face jail afterbeing found guilty

"Get your affairs in order" can only mean one thing.

QUOTE:
The driver of a van that struck and killed a senior RAF officer as he
rode home on the A40 in March last year has been told he may face a
jail sentence after being convicted by a jury at Harrow Crown Court of
causing death by careless driving.

Group Captain Tom Barrett, aged 44 and described as a keen cyclist,
was killed less than a mile from RAF Northolt in West London, where he
was station commander.

The father of two, who had served in Iraq and Afghanistan and had
previously been aide-de-camp to the Queen, was taken to St Mary’s
Hospital in Paddington, where he died of his injuries.

The driver of the Ford Transit van involved in the collision, 51-year-
old Paul Luker of Farnham Royal, Buckinghamshire, told the court that
he had been blinded by the sun prior to the fatal incident.

Prosecutor Adina Ezekiel maintained that Luker should have adjusted
his driving to the conditions, while the motorist himself, who was
driving below the speed limit, revealed that he had not seen Group
Captain Barrett before his vehicle struck him, reports the Uxbridge
Gazette.

"I was very short-sighted, I was struggling to see the brake lights of
the car in front of me, so I decided I needed to slow down,” explained
Luker, who had pleaded not guilty the charge.

"At that point I was in the middle lane and the sun got worse, so I
put a cap on but it didnt help much.

"The sun was as low that day as I have ever known.

"The only way I could get the sun out of my eyes was to put the sun
visor fully down, but I would have been blinded by that, so I put it
on an angle.

"I could see people flashing me for going too slow so I decided to go
into the inside lane and remember looking in my mirror for
motorcycles.

"All of a sudden I felt a bump.

"I immediately slowed down and decided not to do an emergency brake
because the car behind me was too close and stopping suddenly might
have caused an accident, so I geared down.

"I thought I hit a deer. I never saw anything,” he continued.

"I saw the bicycle wheels along the road and then I realised I hit a
cyclist.

"I remember shouting ‘oh no, oh no,’ I was in some sort of shock.

"Mr Barrett was lying face down and I saw blood coming out of his ear
and mouth and I knew at that stage it was quite a problem.

"I just don't understand why I didn't see him," he added.
"I would have done everything in my power to avoid any accident.

"I think about it all the time,” he went on. “I was a pretty happy go
lucky sort of fellow until that day."

Judge John Anderson bailed Luker until March 26 pending pre-sentencing
reports, and said: "It is common ground in this case that this was a
momentary lapse of attention.

"Sentencing guidelines recommend a community order but you must
understand that this offence carries a maximum of five years
imprisonment and all options are open.

"You will be disqualified from driving but I have been persuaded in
these exceptional circumstances for the time being to allow you to
arrange your financial affairs so this does not devastate your family.

"I do this more out of mercy than anything else, but you understand
that you will be disqualified for a lengthy period."


http://road.cc/content/news/53208-va...g-found-guilty

--
Simon Mason
Ads
  #2  
Old February 24th 12, 06:50 AM posted to uk.rec.cycling
Doug[_3_]
external usenet poster
 
Posts: 5,927
Default Van driver who killed cyclist on A40 told he may face jail afterbeing found guilty

On Feb 24, 4:18*am, Simon Mason wrote:
"Get your affairs in order" can only mean one thing.

QUOTE:
The driver of a van that struck and killed a senior RAF officer as he
rode home on the A40 in March last year has been told he may face a
jail sentence after being convicted by a jury at Harrow Crown Court of
causing death by careless driving.

Group Captain Tom Barrett, aged 44 and described as a keen cyclist,
was killed less than a mile from RAF Northolt in West London, where he
was station commander.

The father of two, who had served in Iraq and Afghanistan and had
previously been aide-de-camp to the Queen, was taken to St Mary’s
Hospital in Paddington, where he died of his injuries.

The driver of the Ford Transit van involved in the collision, 51-year-
old Paul Luker of Farnham Royal, Buckinghamshire, told the court that
he had been blinded by the sun prior to the fatal incident.

Prosecutor Adina Ezekiel maintained that Luker should have adjusted
his driving to the conditions, while the motorist himself, who was
driving below the speed limit, revealed that he had not seen Group
Captain Barrett before his vehicle struck him, reports the Uxbridge
Gazette.

"I was very short-sighted, I was struggling to see the brake lights of
the car in front of me, so I decided I needed to slow down,” explained
Luker, who had pleaded not guilty the charge.

"At that point I was in the middle lane and the sun got worse, so I
put a cap on but it didnt help much.

"The sun was as low that day as I have ever known.

"The only way I could get the sun out of my eyes was to put the sun
visor fully down, but I would have been blinded by that, so I put it
on an angle.

"I could see people flashing me for going too slow so I decided to go
into the inside lane and remember looking in my mirror for
motorcycles.

"All of a sudden I felt a bump.

"I immediately slowed down and decided not to do an emergency brake
because the car behind me was too close and stopping suddenly might
have caused an accident, so I geared down.

"I thought I hit a deer. I never saw anything,” he continued.

"I saw the bicycle wheels along the road and then I realised I hit a
cyclist.

"I remember shouting ‘oh no, oh no,’ I was in some sort of shock.

"Mr Barrett was lying face down and I saw blood coming out of his ear
and mouth and I knew at that stage it was quite a problem.

"I just don't understand why I didn't see him," he added.
*"I would have done everything in my power to avoid any accident.

"I think about it all the time,” he went on. “I was a pretty happy go
lucky sort of fellow until that day."

Judge John Anderson bailed Luker until March 26 pending pre-sentencing
reports, and said: "It is common ground in this case that this was a
momentary lapse of attention.

"Sentencing guidelines recommend a community order but you must
understand that this offence carries a maximum of five years
imprisonment and all options are open.

"You will be disqualified from driving but I have been persuaded in
these exceptional circumstances for the time being to allow you to
arrange your financial affairs so this does not devastate your family.

"I do this more out of mercy than anything else, but you understand
that you will be disqualified for a lengthy period."

http://road.cc/content/news/53208-va...-cyclist-a40-t...

Yet another slap on the wrist with sympathy being shown for the
killer?

-- .
A driving licence is a licence to kill.
  #3  
Old February 24th 12, 08:02 AM posted to uk.rec.cycling
[email protected]
external usenet poster
 
Posts: 492
Default Van driver who killed cyclist on A40 told he may face jail afterbeing found guilty

On Feb 24, 6:50*am, Doug wrote:
On Feb 24, 4:18*am, Simon Mason wrote:



"Get your affairs in order" can only mean one thing.


QUOTE:
The driver of a van that struck and killed a senior RAF officer as he
rode home on the A40 in March last year has been told he may face a
jail sentence after being convicted by a jury at Harrow Crown Court of
causing death by careless driving.


Group Captain Tom Barrett, aged 44 and described as a keen cyclist,
was killed less than a mile from RAF Northolt in West London, where he
was station commander.


The father of two, who had served in Iraq and Afghanistan and had
previously been aide-de-camp to the Queen, was taken to St Mary’s
Hospital in Paddington, where he died of his injuries.


The driver of the Ford Transit van involved in the collision, 51-year-
old Paul Luker of Farnham Royal, Buckinghamshire, told the court that
he had been blinded by the sun prior to the fatal incident.


Prosecutor Adina Ezekiel maintained that Luker should have adjusted
his driving to the conditions, while the motorist himself, who was
driving below the speed limit, revealed that he had not seen Group
Captain Barrett before his vehicle struck him, reports the Uxbridge
Gazette.


"I was very short-sighted, I was struggling to see the brake lights of
the car in front of me, so I decided I needed to slow down,” explained
Luker, who had pleaded not guilty the charge.


"At that point I was in the middle lane and the sun got worse, so I
put a cap on but it didnt help much.


"The sun was as low that day as I have ever known.


"The only way I could get the sun out of my eyes was to put the sun
visor fully down, but I would have been blinded by that, so I put it
on an angle.


"I could see people flashing me for going too slow so I decided to go
into the inside lane and remember looking in my mirror for
motorcycles.


"All of a sudden I felt a bump.


"I immediately slowed down and decided not to do an emergency brake
because the car behind me was too close and stopping suddenly might
have caused an accident, so I geared down.


"I thought I hit a deer. I never saw anything,” he continued.


"I saw the bicycle wheels along the road and then I realised I hit a
cyclist.


"I remember shouting ‘oh no, oh no,’ I was in some sort of shock.


"Mr Barrett was lying face down and I saw blood coming out of his ear
and mouth and I knew at that stage it was quite a problem.


"I just don't understand why I didn't see him," he added.
*"I would have done everything in my power to avoid any accident.


"I think about it all the time,” he went on. “I was a pretty happy go
lucky sort of fellow until that day."


Judge John Anderson bailed Luker until March 26 pending pre-sentencing
reports, and said: "It is common ground in this case that this was a
momentary lapse of attention.


"Sentencing guidelines recommend a community order but you must
understand that this offence carries a maximum of five years
imprisonment and all options are open.


"You will be disqualified from driving but I have been persuaded in
these exceptional circumstances for the time being to allow you to
arrange your financial affairs so this does not devastate your family.


"I do this more out of mercy than anything else, but you understand
that you will be disqualified for a lengthy period."


http://road.cc/content/news/53208-va...-cyclist-a40-t...


Yet another slap on the wrist with sympathy being shown for the
killer?


Hold hard, he has not been sentenced yet and of course the judge
saying "get your affairs in order" is a clear indication that he will
spend time inside.

--
Simon Mason

  #4  
Old February 24th 12, 08:26 AM posted to uk.rec.cycling
jnugent
external usenet poster
 
Posts: 11,574
Default Van driver who killed cyclist on A40 told he may face jail afterbeing found guilty

On 24/02/2012 08:02, wrote:

On Feb 24, 6:50 am, wrote:
On Feb 24, 4:18 am, Simon wrote:


"Get your affairs in order" can only mean one thing.


It is usually said by a doctor to a patient with a terminal illness who has
only a relatively short time to live.

If it really can only mean one thing, that must be it.

QUOTE:
The driver of a van that struck and killed a senior RAF officer as he
rode home on the A40 in March last year has been told he may face a
jail sentence after being convicted by a jury at Harrow Crown Court of
causing death by careless driving.

ENDQUOTE

*Has* he been told that?

QUOTE:
Judge John Anderson bailed Luker until March 26 pending pre-sentencing
reports, and said: "It is common ground in this case that this was a
momentary lapse of attention.
"Sentencing *guidelines* *recommend* a *community order* but you must
understand that this offence carries a maximum of five years
imprisonment and all options are open.

ENDQUOTE

"All options are open" is said in order to emphasise the seriousness of the
way the law sees the offence.

QUOTE:
"You will be disqualified from driving but I have been persuaded in
these exceptional circumstances for the time being to allow you to
arrange your financial affairs so this does not devastate your family.
"I do this more out of mercy than anything else, but you understand
that you will be disqualified for a lengthy period."

ENDQUOTE

... he has not been sentenced yet and of course the judge
saying "get your affairs in order" is a clear indication that he will
spend time inside.


Only to someone with a shaky grasp of English.

It might turn out that way, but the relevant passages quoted above are by no
means a "clear indication" of it.
  #5  
Old February 24th 12, 08:31 AM posted to uk.rec.cycling
Simon Mason[_4_]
external usenet poster
 
Posts: 9,242
Default Van driver who killed cyclist on A40 told he may face jail afterbeing found guilty

On Feb 24, 4:18*am, Simon Mason wrote:


"The sun was as low that day as I have ever known.


How odd - I could swear that it rises and sets *every day* without
fail.
What an astonishingly pathetic attempt at a wriggle.

--
Simon Mason
  #6  
Old February 24th 12, 09:32 AM posted to uk.rec.cycling
Dave - Cyclists VOR
external usenet poster
 
Posts: 7,703
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--
Dave - Cyclists VOR. "Many people barely recognise the bicycle as a
legitimate mode of transport; it is either a toy for children or a
vehicle fit only for the poor and/or strange," Dave Horton - Lancaster
University
  #7  
Old February 24th 12, 05:33 PM posted to uk.rec.cycling
Bertie Wooster[_2_]
external usenet poster
 
Posts: 2,958
Default Van driver who killed cyclist on A40 told he may face jail after being found guilty

On Fri, 24 Feb 2012 00:31:00 -0800 (PST), Simon Mason
wrote:

What an astonishingly pathetic attempt at a wriggle.


If you think that is a wriggle - take a look back at Meds' wriggle
from his bike v car challenge, which I accepted. As soon as he learnt
that I would be in the car he shat in his pants and pretended that I
had altered the challenge in some way.
  #8  
Old February 24th 12, 07:16 PM posted to uk.rec.cycling
Simon Mason
external usenet poster
 
Posts: 4,174
Default Van driver who killed cyclist on A40 told he may face jail after being found guilty



wrote in message
...

"I was very short-sighted, I was struggling to see the brake lights of
the car in front of me, so I decided I needed to slow down,” explained
Luker, who had pleaded not guilty the charge.


If he was so "short sighted", what the hell was he doing driving in the
first place?
He needs a long ban after his spell in the slammer.

--
Simon Mason

  #9  
Old February 25th 12, 12:16 AM posted to uk.rec.cycling
jnugent
external usenet poster
 
Posts: 11,574
Default Van driver who killed cyclist on A40 told he may face jail afterbeing found guilty

On 24/02/2012 19:16, Simon Mason wrote:


wrote in message
...

"I was very short-sighted, I was struggling to see the brake lights of
the car in front of me, so I decided I needed to slow down,” explained
Luker, who had pleaded not guilty the charge.


If he was so "short sighted", what the hell was he doing driving in the
first place?
He needs a long ban after his spell in the slammer.


There is no offence of driving whilst short-sighted.

Did you think there was?
  #10  
Old February 25th 12, 08:38 AM posted to uk.rec.cycling
Simon Mason[_4_]
external usenet poster
 
Posts: 9,242
Default Van driver who killed cyclist on A40 told he may face jail afterbeing found guilty

On Feb 24, 5:33*pm, Bertie Wooster wrote:
On Fri, 24 Feb 2012 00:31:00 -0800 (PST), Simon Mason

wrote:
What an astonishingly pathetic attempt at a wriggle.


If you think that is a wriggle - take a look back at Meds' wriggle
from his bike v car challenge, which I accepted. As soon as he learnt
that I would be in the car he shat in his pants and pretended that I
had altered the challenge in some way.



He has a long history of bottling out of challenges.
Leopards and spots spring to mind.

--
Simon Mason
 




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