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Belfast Telegraph, January 25, 2011

http://www.belfasttelegraph.co.uk/news/ ... 63549.html

"The Court of Appeal yesterday quashed the conviction of a businessman jailed for causing the death of a top Irish road cyclist by dangerous driving.

Senior judges instead ordered Michael Croome to face a retrial over the events which led to David McCall being killed.

Mr McCall (46), a Commonwealth Games medallist, was fatally injured as he raced with a group of cyclists on the Belfast Road at Nutts Corner, Co Antrim, in August 2008.

Croome (28), with addresses at Cliftonville Road, Belfast, and Priory Warf, Chester, had been rushing to catch a plane at the time.

He denied causing the death of the Lisburn-based cyclist by dangerous driving.

It was claimed a small black dog forced the victim's bike to swerve into the path of his car.

Croome was jailed for five years and banned from driving for five years in March last year.

But appealing against the conviction and sentence, his lawyers argued there were enough “divergences” between the witness accounts to create a lurking sense of unease or doubt about the verdict.

Orlando Pownall QC said: “These differences, we submit, went to the very root of the prosecution case.”

He added: “There was no firm foundation for the suggestion that the appellant overtook in a dangerous manner and at a time when there was another oncoming vehicle.”

Following submissions, the judges hearing the appeal, Lord Chief Justice Sir Declan Morgan and Lord Justices Higgins and Coghlin, quashed the conviction and ordered a retrial.

Full reasons are expected to be set out in a later judgment. But the decision was based in part on an alternative, lesser count of causing death by careless driving not having been put to the jury.

Croome was released on bail until the new hearing starts.

Mr McCall worked as a civil servant and also jointly ran Sportactive, which organises cycling and walking holidays.

He was a member of the Maryland Wheelers club in Lisburn, winning cycling honours in Europe and Ireland. Following his death his club established a charitable foundation in his name."

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Anyone who tells you that nothing is impossible has never bathed in a saucer of water.

Most unfortunate for everyone concerned.


However, why is it that cyclists are allowed to "race" on public roads without them being closed to other traffic?

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Malcolm W.
The views expressed in this post are personal opinions and do not represent the views of Safespeed.

If the Court made a mistake I can see the difficulty (within the Law) that they end up putting this chap though the stress and pain of a whole second court case.
I do feel great sympathy for the family of the cyclist, but this is not about emotions, the driver is legally been considered to perhaps have been convicted inapporpriately and disproportionately - hence the re-trial.
Whilst I can see that they are restricted within the Justice rules, it this does seem unbelievably painful for everyone.

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Safe Speed for Intelligent Road Safety through proper research, experience & guidance.

I worry about this. When I got a new bike I wanted the brake 'hand levers' that go near the bar of the bike as you get a gentle brake that is easier to brake with, but EU rules have stopped sales !
When one is going in a bike race on the road they (usually) have various signs up, various supporters for timing and supplies at various points. It would be hard not to have noticed it was happening.
I can't say that the roads near me that are used for racing, and race practice are usually done so with very clear signs, people at various points of the route. I do think some better end signs would help sometimes even route (regular) poles so that motorists are in no doubt what-so-ever.

I can understand from a cyclists POV that where do you go - there are precious few 'tracks', and many former rail lines that are now right of way routes, are for everyone and so cycling in timed trials is limited if not impossible. so good roads are the best but in my travels I came across some cyclists in a race on some extremely narrow roads, which did seem a bit of bad practice but I was in a very rural area and most of the route had been on more major roads, so it might have been a 'necessary' part of the route.

I seriously think cyclists that go side by side on major routes is pretty silly and ought to be discouraged. On quieter roads fair enough and when anything comes along obviously a single file and even large gap between cyclists ought to help motorists pass, even pulling over and stopping when roads are particularly narrow.

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Safe Speed for Intelligent Road Safety through proper research, experience & guidance.