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Cyclist's family consider private prosecution after no charges brought against driver

Police say insufficient evidence to charge motorist in connection with death of Michael Mason earlier this year

The family of Michael Mason, who died earlier this year after being struck by a car while riding his bike on London’s Regent Street, is taking legal advice on bringing a private prosecution against the driver of the vehicle. No charges have been brought against the motorist due to what police say is a lack of evidence, a decision the family may also seek to challenge.

A coroner’s inquest last week concluded that Mr Mason, whose life support machine was switched off in March, three weeks after the crash which happened at around 6.25pm on the evening of 28 February, was an “accident,” reports the London Evening Standard’s Ross Lydall.

Following the inquest, Mr Mason’s daughter, Anna Tatton-Brown, said: “I’m annoyed that the police have not taken any further action.

“I don’t think it sends a very good message to other drivers, or to cyclists that their lives are considered not worth protecting.

“You do wonder what more evidence they need to take action against a driver for killing someone.”

Mr Mason, a stand-in teacher who campaigned for safer roads for cyclists, was heading home to Kentish Town when he was struck by a Nissan Juke 4x4 being driven by Gale Purcell, who claimed at the inquest at Westminster Coroner’s Court that she had no seen him.

She said: “It was like something had fallen from the sky. I was totally unaware of a cyclist. I just heard an impact.”

Questioned by Martin Porter QC, Mrs Purcell admitted: “I should have seen him if he was [immediately ahead], but I didn’t see him.”

Police collision investigator PC Brian Gamble told the inquest “there was a view available” to the motorist of the cyclist through her vehicle’s windscreen, adding, “I’m unable to explain why Mrs Purcell was unable to react to his presence.”

Another officer, Detective Constable Andrew Meikle, said that while Mr Mason was seen cycling into the right-hand lane on CCTV footage, the moments immediately before the impact were not recorded.

He said: “The problem was that we couldn’t say what had happened in that vital 25 metres,” and that a detective inspector had decided last month not to seek to prosecute Mrs Purcell due to insufficient evidence.

According to the Evening Standard, Mrs Purcell has still not expressed remorse over Mr Mason’s death to his family, who are taking legal advice over a potential challenge to the decision not to refer the case for prosecution, as well as the chances of a private prosecution succeeding.

“I have tried to do what my dad would have wanted, said Ms Tatton-Brown. “He was quite livid about bad driving on London’s roads and cyclists not being protected and being very vulnerable. Were he alive now, he would be fighting this tooth and nail.”

Referring to Mrs Purcell, she said: “At some level, I would like her to be held responsible for killing my dad.

“I’m quite shocked by her admission that she should have seen him if he was in front of her. It’s the first time we have heard her explanation but it raises more questions than it answers.”

The crash left Mr Mason with broken ribs, a fractured skull and severe brain injuries and his life support machine was switched off four days after his 70th birthday after doctors said there was no prospect of his making a recovery.

After his death in March, Ms Tatton-Brown released a picture of her father in hospital to warn motorists of how vulnerable cyclists are.

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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31 comments

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Beefy | 10 years ago
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I think more than anything there needs to be a change to the law putting responsibility on the most powerful vehicle. I think the police are often disinterested because they know that the offender will get off or a slapped wrist, though some times I agree that individual officers just can't be arsed with the work it is wrong but change must come from the top. The politicians and judiciary.

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mike the bike | 10 years ago
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Now I know you don't have to be very bright to be a police inspector, but how on earth did this particular individual come to the conclusion it was not in the public interest to forward this to the CPS?
He/she should have a duty to explain to the victim's family the thought processes that led to this decision.

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SideBurn | 10 years ago
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"We are ‘road niggers’. There is no justice for us"
https://civillondon.wordpress.com/2014/12/16/road-niggers/

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cbrndc | 10 years ago
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This is appalling. I would be willing to chip in for a private prosecution.

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hampstead_bandit | 10 years ago
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I see these muppet c*nts in London every day (whether its a "he" or a "she" is irrelevant) driving their oversized 4x4 and fancy people carriers

no attention to others on the highway, commonly using their smart phone, browsing their tablet, drinking a starbucks / costa coffee or eating something. Its really simple to see what they are doing when you approach them on a bike because you sit higher and can see straight into the cab.

They are: failing to indicate when they turn, failing to stop at red lights, failing to give way at junctions, failing to stop at pelican crossings for pedestrians, failing to pay attention to other road users despite the fact they are driving a 2 tonne road vehicle

All wrapped up in their air conditioned bubble, listening to some sh*t pop music, going about their brainless existence and damn anyone who ends up under their wheels...

When the hell are the Police going to do something about these people? If I go on a road ride Monday-Friday in NW London during the school run, I will see 100's of these people in their overpriced vehicles, acting like selfish pricks with no regard for others around them.

Easy pickings for Police, unless of course, these are politicians, party donors and wealthy people's wifes and husbands.....

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Eebijeebi | 10 years ago
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She didn't admit 'not looking', she said she didn't see him.

Read the QC's blog and what strikes me is, 'Witness evidence and CCTV evidence was less than entirely clear'.

No one it seems actually saw the accident or immediately preceding it.
That same QC and any worth his salt would get her off if he defender her - so what's the point.

Don't get me wrong, I'm not saying she's innocent or not to blame, but in a criminal court? Interesting to see if they run with it privately.
If they do and the CPS take it over (and the taxpayer pays) then she gets off, will anyone come back on and say the police were right? I doubt it.

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Flying Scot | 10 years ago
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The real shocker is that the driver has admitted she wasn't looking, no excuse, and no action has been taken.

I could see the point of the police if she had lied and said the guy swerved i front of her, if there aren't any witnesses that might be an issue.....but this????

The police quite often get rear ended when stopped even with all their flashing lights, do they prosecute always here?

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Housecathst | 10 years ago
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It would be really dreadful if an HGV did the samething to her and her fucking Nissan Juke.  102

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McDuff73 | 10 years ago
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no win no fee solicitors will be salivating to get their hands on this and please dont sneer they got me a massive payout for being hit by a driver who didnt see me

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Eebijeebi | 10 years ago
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Now let's see. She was questioned by a QC - why would that be? Acting for whom? Sounds like the police. Has the coroner slagged the investigation or questioned the decision? Seems not.
Perhaps because of the apparent lack of any other evidence or witnesses to say how and when the cyclist came to be in the path of the car etc, the only way she can drop in it is to drop herself in it.
She may be as guilty as sin or indeed he may have swerved out in front of her - who can say? Well advised I imagine, hers is the only defense that would need to be offered under the circumstances to give reasonable doubt. No way would that get in front of a jury on it's own.
Sad, but there it is and the reason is to protect the innocent - which often means letting plenty of guilty through the net.

If you really want to see injustice trying working in the judicial system and see how many 'stone bonker guilty' get let off by juries, a percentage of whom I'm sure ride bikes.

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tarquin_foxglove replied to Eebijeebi | 10 years ago
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Eebijeebi wrote:

Now let's see. She was questioned by a QC - why would that be? Acting for whom? Sounds like the police.

Martin Porter QC perhaps better known round here as the Cycling Silk has written a blog post about it: http://thecyclingsilk.blogspot.co.uk/?m=1

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banzicyclist2 | 10 years ago
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I thought the police were there to protect the general public... didn't realise cyclists are not included. If she run over a child I bet their resonse would be somewhat different

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The _Kaner | 10 years ago
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A Nissan Juke is hardly a 4x4...it's not as though she would be 'looking down' on any other road users from her driving position...failing to see any other road user that is directly in front of you (unless they had actually fallen from the sky or had appeared from a restricted view access point) is a pretty piss poor excuse....
'Yes your honour, I just happened to be shooting my machine gun into empty space when 14 random people got in the way of my bullets...'
I hope the family are able to undertake a successful private action. I also hope that the driver is not allowed anywhere near another motorized vehicle ever again.

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Metaphor | 10 years ago
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The driver should be charged with driving a 4x4 in central London (no, make that on a surfaced road).

If she had chosen a smaller vehicle, perhaps Mr Mason would be still alive today.

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ydrol | 10 years ago
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Happy to contribute something.

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Sevenfold | 10 years ago
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Yet again...

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Roger Geffen | 10 years ago
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Just to confirm that the trustees of the Cyclists' Defence Fund (www.cyclistsdefencefund.org.uk) are considering what support we may be able to provide.

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benb replied to Roger Geffen | 10 years ago
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Roger Geffen wrote:

Just to confirm that the trustees of the Cyclists' Defence Fund (www.cyclistsdefencefund.org.uk) are considering what support we may be able to provide.

Thanks Roger. I guess road.cc will publish an update if that does happen.

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therealsmallboy | 10 years ago
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Meanwhile, "Leicester man who stole policeman's bike jailed for 18 months"

Something doesn't add up here folks.

I give up.

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cunningstunt | 10 years ago
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Another dead cyclist who's life seems worthless. I hope the family raise enough money to take out the private law suit and get the justice he deserves. Now if he was wearing a burka…………………………………...  39

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Glasgow Cyclist | 10 years ago
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Are the relatives looking for a defence fund? I'd be happy to donate to it, as I'm sure many would. It's the least we could do for someone who spent so long campaigning for cyclists' safety.

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Riccardo_M replied to Glasgow Cyclist | 10 years ago
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Glasgow Cyclist wrote:

Are the relatives looking for a defence fund? I'd be happy to donate to it, as I'm sure many would. It's the least we could do for someone who spent so long campaigning for cyclists' safety.

This is a great idea. I'd be more than happy to contribute to support legal actions.

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jacknorell | 10 years ago
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I'm confused, did the police even refer this to CPS or did they simply do a 'no action'?

If the latter, why would they possibly have that route open to them in the case of KSI?

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cat1commuter replied to jacknorell | 10 years ago
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jacknorell wrote:

I'm confused, did the police even refer this to CPS or did they simply do a 'no action'?

If the latter, why would they possibly have that route open to them in the case of KSI?

Yes, it was a "no action". Police did not refer it to the CPS.

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cat1commuter | 10 years ago
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Apparently it is OK to run someone over from behind if you simply failed to observe them.

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notfastenough | 10 years ago
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Without wanting to come across as a raving anti-car militant (I drive more than I ride), how can the driver just give an excuse that amounts to "I dunno" and the Police accept it? She clearly wasn't looking or was looking 'through' him to watch out for cars, but isn't admitting to whatever distracted her. Clue: Other road users don't "just drop out of the sky".

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therevokid | 10 years ago
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I've said it before but .... until someone or a loved one of the judiciary
gets killed in the same way phuck all well charge ... yet another sad
and needlessly tragic loss.

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nowasps | 10 years ago
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Appalling.

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benb | 10 years ago
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She ran him over from behind.
What additional evidence do the police need to proceed with a prosecution?

This is horrible, and I am livid that the driver has just got away with killing someone.

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Saratoga replied to benb | 10 years ago
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benb wrote:

She ran him over from behind.

It's worse than that - he was directly in front of the driver's seat at the point of impact and travelling in the same direction.

I shudder at the thought that the Coroner and Metropolitan Police think this demonstrates an acceptable standard of driving.

Stop the world, I want to get off.

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