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Articulated lorry driver cleared of careless driving after running over and killing Birmingham cyclist

Graham Driver said he did not think he could have done anything differently

The Birmingham Mail reports that lorry driver, Graham Driver, has been found not guilty of causing the death of Muthumanaka Pinhamy by careless driving. Mrs Pinhamy was struck and crushed when Driver pulled out of a side street, but he said he was unaware that this had happened.

Mrs Pinhamy, a mother of five, had been cycling to work at 6.30am along Speedwell Road, Hay Mills on 4 October 2013. CCTV footage captured the moment when Driver pulled out of a side road, striking and crushing Pinhamy.

Driver went on to make a delivery in Speedwell Road before leaving the scene. When later questioned by police, he said he had not been aware that he had hit a cyclist and claimed to have made all the proper checks. Mrs Pinhamy was discovered by refuse collectors shortly afterwards but later died in hospital.

Hugh O’Brien Quinn, prosecuting, told Birmingham Crown that Mrs Pinhamy had been wearing a fluorescent and reflective jacket and had both front and rear lights on her bike. He also said that the street lights were on.

“The prosecution case, in a nut shell, is that Mrs Pinhamy was there to be seen and that the defendant did not see her because he failed to look properly, or possibly look at all.”

O’Brien Quinn also alleged that Driver later phoned a colleague and told him that there had been an accident, that somebody had been knocked off their bike and that he did not know whether he had run them over.

Driver said he was wrong to have left the scene but denied causing death by careless driving: “I do not think I could have done anything different when I took the junction.”

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48 comments

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portec replied to skippy | 9 years ago
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skippy wrote:

Lets ALL hope , YOU , are not called for Jury service , where a Cyclist is the victim of a similar miscarriage of Justice ?

There's no way a cyclist could be on a jury in a case like this. The defence would never allow it. Of course that's wrong - swapping one perceived bias for another - but it's the way it is. Generally speaking, I think the British justice system is exceptionally good but trial by jury has had it's day. It's an anachronism, left over from the days when our society was much smaller and relatively mono-cultural.

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Matt eaton replied to portec | 9 years ago
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portec wrote:

There's no way a cyclist could be on a jury in a case like this. The defence would never allow it. Of course that's wrong - swapping one perceived bias for another - but it's the way it is. Generally speaking, I think the British justice system is exceptionally good but trial by jury has had it's day. It's an anachronism, left over from the days when our society was much smaller and relatively mono-cultural.

I've long thought that in cases like this the jury should be comprised of a mix of regular drivers, regular cyclists (in the sense that they ride a bike on the road) and ideally people who neither drive nor cycle regularally. Simply picking people at random is likely to result in a jury with a majority of non-cycling drivers, how can that be right?

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FluffyKittenofT... replied to Stumps | 9 years ago
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stumps wrote:

Most people on here are jumping to the conclusion that the lights were mega bright cree lamps so its obvious the cyclist could be seen and the street lighting was in perfect order and that the weather was fine and the driver had a clear unobstructed view of the junction and the road, so in other words everything was perfect.

Perhaps they were cheap and nasty little lights that cant be seen more than 10 ft away, and the number of comments on other reports about the inadequancies of hi vis, are they now wrong, and maybe, just maybe the weather was crap and the driver's view of the cyclist was obscured ????.

All i'm saying is that the driver is being hung drawn and quartered from all sides without the full account even being known to some.

To me, the point is actually less that the driver should have the book thrown at him, and more that the implications of these sorts of cases is simply that nobody in their right mind should ride a bike on our roads - not unless you enjoy playing Russian routlette.

If the driver - and apparently everyone else - is entirely without blame here and this is just an 'accident' (just as with the Regent's street case recently), then one can only conclude that you should only cycle if you are prepared to accept the risk of sudden random death for no reason, no matter what you do to 'keep yourself safe'.

So I don't think the specifics of the incident are crucial, its still the case that either we need to hold drivers much more to account over events like this, or the whole design of roads (and the vehicles that use them) needs to be completely overhauled. Yet at the moment we do neither.

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bendertherobot | 9 years ago
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I'll caveat this with the fact that we've not heard all the evidence. But there are many examples where juries (not Courts remember) return some very odd verdicts. We've seen that recently with the sun in your eyes cases.

It's long been my view that the thing that juries suffer from is the "it could happen to me syndrome." Essentially they view mattes such as this as civil cases taking place in the criminal courts. They don't see it as REALLY criminal. Why? Because it's the sort of thing that might happen to them. And that's scary. They wouldn't like to be in the position of this driver. But they could be.

Most of the time, assaults, paedohillia, burglary, murder, they don't really associate with the act. It's not something that they are capable of doing. They couldn't find themselves doing those things simply by a moment of inattention.

But most of our population drive or have some direct experience of it. They also have experience of that moment where that bit of inattention almost saw them drive over the cat or hit that car coming the other way. Indeed, some times, they don't even register that it was inattention at all.

The consequence of the inattention is irrelevant in their mind. And, actually, the consequence is broadly irrelevant in Court as well (the only purpose of the death is to justify the charge in the first place).

So, we have juries who sit there, listen to a bloke who says he did everything and empathise with that position. Because they've experienced it. They've been there. They wouldn't like to be there if they were him. Poor man, what could he do.

Essentially I'm still pretty fond of the jury system. But I do think in these cases in which there is a societal blurring of boundaries between what is "a bit criminal" and truly criminal acts, they tend to lead to possible wrong decisions.

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Davidn37 | 9 years ago
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This is unbelievable. Unfortunately it's not, it's just another example of authority not caring about cyclists and believing that motor vehicles can do no wrong.

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don simon fbpe | 9 years ago
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Without more details I feel that this should appealed to fuck.
The cycling press should be publicising this case and demanding changes.
RIP sister and condolences to your family and friends.

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Das replied to don simon fbpe | 9 years ago
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don simon wrote:

Without more details I feel that this should appealed to fuck.

Can it can be appealed? I think only the sentencing that can be appealed, by the CPS, which obviously never happened in this case.

Ok I agree accidents happen, things happen without intent, but ffs a not guilty verdict when cctv show him crushing her under the wheels. TBH Id like to see the CCTV.

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JamesJ | 9 years ago
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There are parallels with rape cases here with juries failing to convict because of their own prejudices towards victims. The government is taking steps to increase conviction rates in rape cases. Perhaps we need something similar in cases involving the death or injury of cyclists. As a minimum, judges should give clearer guidance to juries about victim blaming.

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HarrogateSpa | 9 years ago
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This case was at the Crown Court, so presumably with a jury. It's difficult to understand how they could come to this conclusion.

If running over and killing someone by pulling out of a side road, where the victim has right of way, doesn't result in a conviction, what circumstances ever will?

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gazza_d | 9 years ago
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Assuming
1) that the driver is honest and not a lying callous scumbag only interested in himself
2) the jury were sensible people & not stupidly gullible or untouched by a mother being killed.

then it must be that although doing everything correctly, stopping and thoroughly checking all his mirrors before moving off, he not only failed to see a cyclist lit up & under streetlights, but was able to drive over her without feeling or hearing anything.

The only sensible conclusion then is that trucks like that have no place on urban streets and need to be banned.

Or the driver is a lying callous scumbag after all who actually deserves a long jail sentence

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jugster replied to gazza_d | 9 years ago
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Yeah, that.  2

Does not equate: Unaware of accident, later phones colleague saying think there might have been an accident.

What???

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skippy replied to jugster | 9 years ago
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DRiver must have thought that he was assisting in a " Suicide " ?

There is a LAW on the Statute Book for that offence ?

Seems that a " Jury of Peers " can no longer be TRUSTED ?

Still busy reminding people that a visit to LOndon , can be a way to get a wooden overcoat , NOW , i will have to include the whole UK ?

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Metaphor | 9 years ago
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If the justice system cannot enforce the law correctly, then that's when people start resorting to vigilante action.

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mrmo | 9 years ago
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when i first read the head line i was expecting the cyclist to have crept up the side of the truck, got into a blind spot, and tragic though it might be, brought it on herself through naivety. However if i am reading this correctly, she was cycling along doing everything, and far more than legally required, to be seen and keep herself safe.

The driver then pulled out of the side road and hit her.

FFS!

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Das | 9 years ago
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So in a nut shell. Cyclist cycling to work wearing Hi Viz, with front and rear lights is killed by a lorry driver who fails to stop at a junction and kills her, and the courts let the driver off. The Courts really do fucking hate cyclists eh?

“I do not think I could have done anything different when I took the junction.” No? Perhaps you could have not crushed and killed the cyclist with your lorry, just an idea.

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Griffsters | 9 years ago
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It beggars belief, it really does.

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jonathing | 9 years ago
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And once again justice is served.

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cunningstunt replied to jonathing | 9 years ago
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Jonathing wrote:

And once again justice is served.

more like another case of cycling justice swerved! Wait until an MP gets splattered then they'll take more notice, well unless its UKIP then no one will care

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