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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
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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
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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
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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
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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
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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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