Corner-cutting motorist who turned into cyclist blamed low sun and cyclist's dark clothing for fatal collision

Counterintuitively, I would have thought that against a low sun a cyclist clad in dark clothing would have been easier to see - than say roadworks yellow?  But I'll remember the excuse if I ever do collide into one of those thrice daily pedestrians that step out in front of me with his / her face staring at a mobile phone...

So when a cyclist riding an illegal bike hit a pedestrian and they unfortunately died, that cyclist got 18mths in prison and there were calls for new cycling laws to protect pedestrians.  I expect the same should happen here.  I also don't believe he didnt see the cyclist, rather that he tried to beat the cyclist to the turn and completely misjudged the cyclists speed.

Just how many of these blind drivers do we have to endure?

"The sun was blinding me so I accelerated and cut the corner in my illegal vehicle" doesn't sound like a great defence to me!

I'm confused, the cyclist is allegedly in the shadow of the hedge, so close to the left side of the ride, so how much of the corner was the driver cutting? I guess he turned in early as there was an ocoming vehicle and he didn't want to wait.

Sorry! I should have checked whether it was the same shyster lawyer.

The reason that the defence are flogging the 'I just didn't see him because of …' is because this must be very close to dangerous or reckless driving (whatever they have in Scotland). As the prosecutor pointed out if the driver had taken the filter lane correctly he would have avoided the cyclist. 
The defence have managed to argue that it was extremely unlikely that the driver could have seen the cyclist. Who was riding completely legally 

"The way this offence arose it’s almost like a perfect storm.”

Some of the links in that chain of events leading to the perfect storm were outside of McConnell's control, the angle of the sun, the shadows, the fact of Gwyn Bailey being there at that time. However he is responsible for the illegal, unroadworthy condition of his vehicle, reportedly cutting the corner and failing to take account of the lighting conditions to observe properly, or indeed stop his car if he was unable to see. Presumably Mr Freeman doesn't take hopeless cases and the trial will be fair, but even the fact of hiring that sack of shite lawyer indicates to me that McConnell is more interested in getting away with his crime than in accepting responsibility.

Apologies: wrong Mr Freeman. I withdraw my last comment.

An automatic centre punch can easily restore visibility to illegally tinted windows.

Another test case- driver is as guilty as sin with lots of reverse-mitigation factors, and who is obviously lying. If he doesn't get several years in the nick and a considerably longer driving ban, it will be further confirmaion that the law does not view killing cyclists as a real offence. I was hit by someone cutting a corner entering a supermarket site, while I was waiting to turn right leaving the site. I was lucky.

Blacked out side windows? See them all the time (along with blacked out number plates). It's a "look". So it's pretty damn easy to spot.

The police would say they haven't the time to take these cars off the road, probably because they have to spend even more time dealing with the consequences of drivers who can not see out properly. And I suppose it's easier to defend spending police time on top priority stuff like fatal road collisions than on trivia like removing code violations from the road.

But the sick irony is not lost on the bereaved.

There's too many cars on the road anyway. Why not start with the illegal ones?

My deepest sympathies to the family and friends of Gwyn Bailey.  My thoughts are with Leanne and their daughter.

I find it odd that the driver managed to take account of the precise meteorological conditions, whilst not considering changing has driving to them, even to the precise positioning of the shadow of a hedge, and yet couldn't see the cyclist.

And if the driver hadn't seen the cyclist how did the driver know the cyclist was in the crouched position, whatever the hell that is?

Cutting the corner can be shockingly serious, done completely consciously, and the lack of MOT and with illegal windows.  These are not momentary lapses of concentration.

And this detestable arse has been allowed to drive around for the past year and a half.

Pleads guilty... Yet comes up with a number of excuses to blame everyone but himself. Not sure this is showing remorse for killing someone through dangerous driving?!

So at what point did the prosecutor point out that wearing yellow against a yellow background would actually be worse than wearing black? Far worse in fact? Or as other people have already said, it makes no fucking difference what colour you are wearing if you are blinded by the sun!!!

Should've gone down for dangerous driving and be in prison. A catalogue of offenses here followed by the predictable victim blaming.

If he was blinded by the sun, what difference does it make what the cyclist was wearing ?

No mot, unroadworthy vehicle, wrong side of the road is more than careless.

"......however Sheriff Susan Craig imposed an immediate driving ban."

Some good news, but if we only get the dangerous drivers off the road after they kill someone, then not that good.  Maybe if all the police were as good as the best with things like taking action against close passing drivers for instance, behaviour could be changed before the driver kills someone?

Maybe Boris could do something, what with his passion for cycling.