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Another killer walks free...



 
 
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  #1  
Old July 7th 04, 04:12 PM
Howard
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Default Another killer walks free...

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.
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  #2  
Old July 7th 04, 04:57 PM
Tony W
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Posts: n/a
Default Another killer walks free...


"Howard" wrote in message
m...
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?


Yes. Plus the law sets a speed limit that it appears was being exceeded.

Plus the killer apparently knew the road and knew the bend to be
'dangerous'.

Open & shut case. Guy -- get the rusty knife!

T


  #3  
Old July 7th 04, 06:41 PM
Alan Braggins
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Posts: n/a
Default Another killer walks free...

In article , Howard wrote:

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


"105. Drive at a speed that will allow you to stop well within the
distance you can see to be clear." Page 27 of the paper copy I happen
to have just bought.

Regular readers will know this needs to be half the distance when there
is a reasonable chance of someone using the same rule coming the other way.
(For example, on a two lane hump-back bridge there could be a stationary
vehicle just over the top, but you shouldn't have to allow for someone
coming towards you on thw wrong side of the road, but on a single lane
road you do.)
(Of course there _might_ be someone on the wrong side of the road, and
knowing it was their fault won't reduce the impact - but they _might_ be
doing 120mph on the wrong side of the road, and no amount of you slowing
down will help much then, so you have to draw a line somewhere on what's
reasonable to expect.)
  #4  
Old July 8th 04, 12:11 AM
Terry D
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Posts: n/a
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
A website mostly dedicated to cycling
  #5  
Old July 8th 04, 07:56 AM
Mark Tranchant
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Posts: n/a
Default Another killer walks free...

Terry D wrote:

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.


Was it a dual carriageway? Your description suggests not, in which case
the UK limit is 60mph.

http://www.highwaycode.gov.uk/09.shtml#103

--
Mark.
  #6  
Old July 8th 04, 08:30 AM
Terry D
external usenet poster
 
Posts: n/a
Default Another killer walks free...

"Mark Tranchant" wrote:

Terry D wrote:

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.


Was it a dual carriageway? Your description suggests not, in which case
the UK limit is 60mph.

http://www.highwaycode.gov.uk/09.shtml#103

--
Mark.


Hi Mark,
Yes, it is dual carriageway. There isn't much of it and there are frequent
accidents at the point where it becomes standard single carriageway. A 100m
stretch has now been resurfaced with grey ball bearings, the function of
which totally escapes me unless it was to cover up the blood stains?

Terry Duckmanton


 




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