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Statue of Justice, Old Bailey (licensed CC BY 2.0 on Flickr by Ronnie Macdonald).jpgDriver admits causing death of Lincolnshire cyclist he failed to see
A motorist said he was unable to explain how he had failed to see a cyclist whom he struck and killed has pleaded guilty to causing death by careless driving.
Barrie John Docherty died in hospital from injuries sustained in the collision, which happened on the A607 at Leadenham, Lincolnshire on 7 January 2019.
Last Thursday at Lincoln Crown Court, 37-year-old Michael Bohan was warned by a judge that he could face a custodial sentence, reports the Sleaford Standard.
Michael Cranmer-Brown, defending Bohan, told the court that Bohan did not know how he had not seen Mr Docherty, an RAF Flight Lieutenant.
“The position is he has gone across the carriageway and has failed to see the deceased on his bike,” he said.
“He just failed to appreciate the lights which were undoubtedly illuminated on the bike of the deceased.”
Mr Docherty worked at the RAF College, Cranwell, which said in a statement after his death: “Flight Lieutenant Doherty, a father of two, was well respected and highly regarded throughout his military career.
“Our thoughts are with his family and friends at this difficult time.”
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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4 comments
At least this driver has the responsibility and humanity to admit his mistake, unlike so many others, and doesn't blame low sun or the cyclist, so deserves some credit.
Well he was initially arrested on suspicion of Drug Driving. I'm guessing either the initial tests were wrong at the scene or it was below any levels that could have been used to get a conviction for that so not used in court.
Also, the only description on what happened, doesnt actually state what happened. According to his defense “The position is he has gone across the carriageway and has failed to see the deceased on his bike,” he said. As this is a single lane road, was he turning off at speed, turning on at speed, or taking a corner too fast and ending up on the wrong side of the road?
I expect that accepting guilty by careless is the CPS trying to save money by not going to trial on "dangerous" again and is the driver "accepting responsibility" is part of that.
How's this dangerous driving?
If, even inexplicably, he failed to see the cyclist, then that's 'due care'. If he had said "Yes, I saw him, but thought that I had plenty of time or room", then that could be dangerous driving. Usually when it was obvious that they hadn't/didn't.
The only caveat I would have is that if it was impossible not to have seen the cyclist, then that again could be dangerous driving. It would appear that the police/CPS weren't confident about this. As for 'impossible not to have seen the cyclist', there's plenty of car-on-car SMIDSY collisions.
Also, if this guy goes to prison I'll eat my helmet. If he does, then the judge must suspect that there's more to this than meets the (evidential, as it appeared in court) eye. And I'll have stomach ache.
My deepest sympathies and condolences to the family, friends and colleagues of Flight Lieutenant Barrie John Doherty.