Re: Bizarre mitigation in Jason McIntyre verdict.

On 8 Aug, 09:37, judith <judithsm...@xxxxxxxxxx> wrote:
On Fri, 8 Aug 2008 01:20:14 -0700 (PDT), spindrift

<newty...@xxxxxxxxxxx> wrote:

<snip>

It's only a cyclist, after all.

I suspect the driver did see Jason and took the decision to shave,
what, two, maybe three seconds off his journey by turning across his
path, something that happens regulalrly to me.

You may suspect what you like - what do you suspect re the fact that
he was not wearing high visibility/bright clothing - could it have
contributed to the accident?

Well, a driver behind the driver did manage to see the cyclist, so
probably it did not.
"McTaggart has always insisted he never saw the cyclist but the driver
travelling behind him told police he had. The driver said he had been
braking in anticipation of McTaggart doing the same to allow the
cyclist to pass.

Police investigations had found that Mr MacIntyre would have been
visible for a full 16 seconds if he had been cycling at the 30mph
estimated by another witness."

http://tinyurl.com/6qy4fz

http://www.theherald.co.uk/news/news/display.var.2420620.0.Driver_who_killed_champion_cyclist_walks_from_court.php

The victim's father said that
"the local procurator-fiscal recommended dangerous driving charges but
that the Crown Office downgraded the charge to careless driving,
despite an appeal from the family.

"The Crown Office view is that this standard of driving falls below
normal standards. We are of the view that this standard of driving
falls far below normal standards and is deserving of a more serious
charge."

He refused to accept that to drive along a road unaware of oncoming
traffic for 16 seconds, to cross in front of oncoming traffic thereby
causing death, amounted only to careless driving. That the Crown
Office did, he said, "was a terrifying indictment on our society"."

The Press and Journal says:-

"There is great deal of difference between a driver who is guilty of a
momentary lapse of concentration and one who drives in a deliberately
reckless manner without regard for the lethal consequences. However,
the results are the same for the families left behind in terms of
their grief and lifelong suffering. They do not grade the drivers’
actions. They do not understand the subtle distinctions in the law
which can have such a great bearing on cases. Many argue that it is
another weakness in the law which discriminates against the victims."

http://www.pressandjournal.co.uk/Article.aspx/777542?UserKey=0

So it goes.
.

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