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 Post subject: cadden retrial
PostPosted: Fri Jan 26, 2007 17:43 
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http://www.ctc.org.uk/DesktopDefault.aspx?TabID=4774

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Cyclist who refused to stay in the gutter wins re-trial

A cyclist who was found guilty last year of inconsiderate cycling, whilst cycling in accordance with the National Standard for cycle training, has today won a re-trial at Shrewsbury Crown Court.

CTC member Daniel Cadden was cycling fast downhill on a single-lane carriageway when he was stopped by police who believed that the position he had taken in his lane was forcing cars to cross the solid white line in the centre of the road illegally in order to overtake. But rather than stop the cars that had broken the law, the officers decided to charge Daniel Cadden with inconsiderate cycling.

The judge and two magistrates accepted the arguments put forward by Cadden’s barrister, Francis Fitzgibbon, that there were contradictions in the police’s evidence, that there was no legal obligation for cyclists to use cycle tracks and that causing only a short delay to drivers did not constitute “inconsiderate cycling”.

The judge who sat at his first trial believed Daniel should have not been on the road at all and instead should have crossed three lanes of busy traffic to use a cycle path, which runs alongside the road where he was stopped.

Speaking outside court, Daniel Cadden said: “I am overjoyed that the ludicrous decision to prosecute me has been overturned. The recognition in this case must go to the real heroes, all those people who have supported it either financially by giving to the Cyclists Defence Fund, by joining CTC or by sending messages of support to myself and my family. Without the support of these people this fight would not have been possible. The overwhelming sum donated to the Cyclists Defence Fund has been testament to the solidarity shown by the cycling community on this issue. This success serves to reaffirm cyclists’ right to decide when to use cycle facilities and when they are inappropriate or dangerous. The first judgement was unreasonable in denying this.”

CTC’s Campaigns and Policy Manager Roger Geffen added: “This ruling is a tremendous victory, both for Daniel Cadden personally and for all the cyclists whose donations to the Cyclists’ Defence Fund have helped support this case. We hope the Government will now heed the voices of 11,000 cyclists who lobbied their MPs when a draft revision of the Highway Code threatened to enshrine into law the misguided views of the original police officers and trial judge in this case. We are picking up signs that the Government has been listening, so we hope there will be more good news on this when the new Code comes out later in the spring.”

Daniel Cadden was supported in his defence by the Cyclists’ Defence Fund (CDF), the independent charity which was founded by CTC to provide cyclists with support in legal cases. Over £25,000 was donated to the CDF by cyclists keen to show their support for Daniel.

To donate money to the Cyclists’ Defence Fund, go to www.cyclistsdefencefund.org.uk


finally :)


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PostPosted: Fri Jan 26, 2007 19:08 
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Sanity prevails - at last :)

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PostPosted: Fri Jan 26, 2007 21:45 
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Indeed. Congratulations to Dan (Eddy Brain). Truly delighted for and with him :clap: :clap1: :clap1: :jester: :jester: :bounce1: :bounce1:


Let's just say our officers up this way have more common sense. I'd still love to know how they managed to persuade the CPS to proceed though. :roll:

Bad judgement and one which only serves to widen the apparent rift with the police and their public.

But for every one officer who has a "weak or not very well developed"

:wink: pee-cee mode on .... and those "ruddy Swiss 'ooligans" will be on the phone to me about it :hehe:

there are 99 officers who exercise proper and professional judgement. Dan was unlucky in that he met the one who lacked knowledge and expertise that day.... and a rather bizarre or subjective judge later. :roll: Subjectivism - always a problem - it does rather blur the course of true justice. :roll:

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PostPosted: Fri Jan 26, 2007 22:16 
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PS -- Ed 0 Brain - Hope you post your side and feelings on here over all this. A brill result and - honestly delighted about it for you. In fact - I've decided to open that bottle of claret I've been saving for a "special occasion" :lol:

You are indeed honoured by my gesture - even though you cannot see me "quaffing this and raising a glass to you. (This claret happens to be feisty little number I selected after much "deliberation" on a holiday in Burgundy. It was a cycling holiday . I can really reccomend for all kinds of riding ability .. and the food and drink divine . You cannot go wrong anywhere. Vineyards and tasting sessions literally in abundance... I had a really enjoyable holiday there last year. The feisty little number which I opened to celebrate your good news .. was one which improves with age .. and I bought a case :D with the intention of only using for "special events". I class a result like yours as a justified reason to quaff a thoroughly decent wine and make a "virtual toast to you!"


All road users need people like you to stand up for your rights and your justice. I represent the law. I respect the law as well. My team offer professional discretion in the name of law and justice. If Durham RPU do prosecute... we did so after due consideration and each person has the right to challenge in the courts. We like to think our policy is the one of the "last resort/no other option" genre. We do not do the "silly nonsense" though - as that undermines justice , the law and the courts. But where this nonsense exists - then it must be challenged and I can only respect people who stand up for their rights against that nonsense. By doing so.. they do not undermine the police.. but strenghten justice and the law.

That cannot be a bad thing as if justice prevails - it gives back a faith in the justice system which has served our county well since the signing of the Magan Carta.

(No - it is not the claret talking either. I drank one glass with my family.. with food - honest! :lol:

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PostPosted: Sat Jan 27, 2007 01:55 
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Magna Carta :lol:

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PostPosted: Sun Jan 28, 2007 13:17 
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Can costs now be claimed to use towards future trials?


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PostPosted: Sun Jan 28, 2007 19:34 
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RESULT!


:clap: :bounce1: :drink: :drink2: :bighand: :surprise: :censored: :judge: :mrgreen: :bounce1: :happydevil: :gatso1: :gatso2: :gatso3: :jester: :drink: :drink2:


I think he might get the picture or the emoticon :hehe: that I and my wife are truly delighted.

My sister-in-law Krissi and her husband have also asked me to pass on their delight at this news on their behalf.

I note that the lawyer this time kept it simpler though :wink: if I read the report accurately.

Delighted and I hope Dan (aka Ed Brain) will visit to post up his experience and joy at receiving finally some common sense.

It should be noted that he should not have been put through this ordeal in the first place. I suppose compo is out of the question.. but given this nonsense could constitute using holiday entitlement or leave without pay.. if not recompensed/refunded ..it leaves a sour taste in the mouth all the same.

Still, justice served and hopefully no other person cycling nonchalently and safely and skilfully down a tricksy road would face this nonsense in future.

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PostPosted: Sun Feb 04, 2007 01:44 
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CW this week carries a jubilant piece on this. Dan told CW that this business had weighed heavily on his mind. We can well understand the stress and distress this has caused this guy over tha past 12-15 months or so since this case started.

After two and a bit hours in court .. Dan's barrister argued that the evidence against him contained several contradictions and most importantly, that at this moment in time there is no legal obligation for using the cycling tracks and a short dealy to motorists did not constititute "inconsiderate cycling".


This later hearing strikes me as being straightforward cut to the chase. I still think as argued in the initial thread on this that perhaps the first case just took too much time up with technicalities such as primary v secondary riding position when all it really needed was basically the relevant paragraph of the statute which states the law as argued this time by Counsel.

Courts are only really concerned with "black and white objecitivity" without the emotion and commotion. Any evidence we may provide to the CPS has to be be objective and "factual in accordance with the law alleged to have been contravened" (per my old notes taken down during a training seminar years ago - am a "hoarder" :lol: of my old school and training books :lol:) The barristers (and "Nick Freemanesque" types) do not look for dodgy loopholes as such.. but chinks in the evidence, dicrepancies in procedures, and any legal means to argue mitigation or reason to acquit. Not really "loopholes" - but the casting of doubt as to guilt within reason.

However, with Dan Cadden.. there was one gapingly wide chasm. Nothing in the law actually required him to use a path and not the road - and he was approaching a roundabout at which he intended to turn right
He thus required the primary positioning. He was not "delaying others" at all. Had this been a straight .. with lay-bys and a raod wide enough to warrant secondary riding position .. then perhaps an argument for "lack of consideration" may have been duly deserved. I suspect the first case failed because of way too much defence time spent on "over-emotional irrelevancies"

However, the case should never have been brought - and young Dan should never have been caused such stress. I doubt he will be compensated. Not a chav and too decent by far .. :roll:

I will say that by and large .. I think our patch has the correct approach.

I am aware that Co Durham and our N Yorks neighbour are in receipt of some grants "to improve ropad safety even further". As far as I am aware .. this does not mean the Council will fritter cash on fixed speed cams as we don't really need them here. Our one and only PC Gatso gets a change of scenery every so often. Our lads and lasses will continue to creep up ubiquitously with style and stealth :lol: .. and - cough - professional - cough discretion and judgement

To Dan (aka ed Brain) .. I drank a toast to you last week. I drank another toast to you when I read my copy of CW this week.

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A SMILE is a curve that sets everything straight (P Diller).

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PostPosted: Wed Apr 04, 2007 23:58 
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Seems Dan aint appreciative of your support...............

http://www.telford-live.com/topic.asp?TOPIC_ID=2235&FORUM_ID=24&CAT_ID=1&Topic_Title=Speed+limiting+Motorcycles&Forum_Title=Motoring+and+Transport

Also seems to have a draconian view of bikers as well.

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PostPosted: Thu Apr 05, 2007 11:48 
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Quote:
at lower speeds people can react quicker to avert an accident


hang on..... i know time changes with speed via relativity but i didn't think it would have a measurable effect at these kinds of speeds :wink:


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PostPosted: Thu Apr 05, 2007 21:13 
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SigmaMotion wrote:
Seems Dan aint appreciative of your support...............

http://www.telford-live.com/topic.asp?TOPIC_ID=2235&FORUM_ID=24&CAT_ID=1&Topic_Title=Speed+limiting+Motorcycles&Forum_Title=Motoring+and+Transport

Also seems to have a draconian view of bikers as well.



eddy on the linked site wrote:

sorry but I was driving a 130 bhp car @ quite a young age. And it was ample when the car was unloaded, but with my wife and child when packed up to the hilt to go on holiday it was "enough" if you know what I mean.

The answer isn't punitive draconian measures such as speed limities but bringing about a change in attitude and improving consideration for others/sense of social responsibility.

For a start, make children walk to school. That way they get used to the roads and the perspective of one of the most vulnerable road users. Then encourage them to cycle, on the road, according to the national standard.




So far so good. I happen to agree. My own children go on the school bus .. unless loaded to the hilt and we then take to bus stop.

However, I fund the twins to drive and provided a car for them. They do not always use this to go to school.. but they do if a "heavy load bag!" day and they drive their younger siblings to school. Fosters are different. They have to attend a different school and either myself or Wildy (usually Wildy :lol:) frog marches them to registration given the truancy records :roll:

(We insist we are notified should any of our kids skip any class. Our own brood know better and they enjoy school. Fostered brood are more of a challenge in this respect and we are very watchful on this one. :popcorn: I cannot explain how hard it can be. Let me just say that I appreciate some of the problems endured by many so-called "chav parents" as the proverb does say you can take a horse to water but you cannot make him drink. :roll: Do our best for these fosters.. and we have a decently successful record . but it is hard work.. but indescribably rewarding when you find you made that difference after all .. even though you felt you were sinking and sagging fast!:roll: : :juggle: )



Quote:
If this does not make them into sensible road users, then they should be denied personal motorised transport. If it is successful (and most the time it will be) then they will be much safer motorcyclists when sat astride a 150 bhp sports bike. They will understand how vulnerable they are to SMIDSY's and they will understand why it's important to ride sensibly and according to the conditions.


Ed .. I cannot say I disagree with you. For record .. our own kids have been brought up with good road skills. We educate our foster kids in the same way. They leave us with a Bikeabilty qualification and some road sense. :wink: They also leave us with a love and understanding of the internal combustion engine and its powers.

I think we do our bit :hehe:

I think our family play very fair you know. I know you do not indulge in that other rather petty nonsense anyway Dan.

Eddy on the linked site wrote:
At the end of the day, in most motorcycle accidents, it is only the rider that gets seriously hurt. I know that more vulnerable road users (pedestrians and cyclists) are put at greater risk by kidney doner motorcyclists but chances are they will eleminate themselves from the gene pool before they can harm anyone else.



I know rogue bikers are one of IG's main headaches and feature most prominently in his patch's stats per his take and the official returns backing him. I would love to patent a way to educate such riders to a safety led COAST type ride. We can only keep chipping away and hoping really :roll:

Quote:

I don't trust any of Paul Smith's statistics. After all, he made cyclists look as dangerous as white van man as far as pedestrians are concerned. The statistics didn't awknowledge the fact pedestrians are far more likely to step out into the road in front of a cyclist.


Now steady on Dan lad and pal and mate.

I apply COAST. I ring my bell. I shout .. "Look out Luv.. Lycra clad man about! " :hehe: and I smile at these people It works wonders. I am on wheels. I am travelling a lot faster than some one on foot. As when driving my car.. I am in or on something a lot faster than someone on foot and whilst I will argue that I should be met somewhere in negotiation .. my responsibility must be the greater as I am travelling on or in something that bit more powerful than the other guy using and sharing the road with me.

On this I have to disagree with you. You are on wheels.. travelling faster than the pedestrian by default. That person on two legs is more vulnerable than you .. and I do give way to people .. even if they are incorrect in the way they used the road. It is COAST after all :popcorn: and those on two legs have priority. Lot of the cycling militia cite European countries as "beacons of perfection". I have umpteen photos of signs taken from people who live over there .. and from our own hols over there.. showing that cyclists are authorised and pedestrians have precedence :popcorn: :P

I will upload some of these photos if you like. It will take some time to decide on the family top five or so though.. and I think I am honour bound to "ask the family" as they all have lots of interesting photos. :lol:

Quote:
As for speed, I don't understand the obsession with it. It is an important factor in road accidents - at lower speeds people can react quicker to avert an accident and if an accident does occur, there is less harmful energy to dissipate. But appropriate speed is only a factor in using the public highway safely.




It's back to COAST :popcorn: You choose the right speed for the circumstances. Your COAST is systematic and alerts to hazards. I drive at high speeds on track.. on foreign motorways.. and especially some German and Austrian and Italian ones. It's legal. KSI are officially lower on those roads per the stats of those countries :wink: Do have Google. There for all to read anyways :wink:

I do not drive at any high speed if in an area which dictates a speed below the official lolly at times. I hardly ever exceed 30/40 mph on such roads .. but may blip by odd just about tolerated margins on very fast roads in the UK. I am aware of another factor.. I posted it up the other day :wink:

Quote:

Haste is more of a problem - all those people who tailgate you trying to intimidate you into going faster when observing the speed limit. And the belief that speeding will decrease your journey time. Most times of the day, it doesn't. In fact, I think it increases journey times because it increases congestion. What's the point in travelling at 60 mph through town when it just means a longer queue at the next roundabout or set of lights?


I must live on another planet Dan. I seldom see anyone at 60 mph through out towns. I see brake-waves on the M6 here.. and some daft traffic light sequences and some refusal to zip-merge which exacerabate the problems :roll:

Quote:
I know because when cycling it's possible to play leap frog with cars all the way home. In the car, staying on the ball is more effective at reducing journey times rather than breaking the speed limit.



I do not live in Telford. I work in a main teaching hospital. I sometimes have to travel to the big burb to lecture undergraduates and graduands in medicine. I also liaise with the main teaching hospitals and place some of my patients on a transplant list if the lurgy has attacked organs and this is sadly the only remedy for their quality of life. As such I can make some pretty lengthy and horrid commutes within the urban sprawls. My progress does depend on my COAST awareness. The fact that my Jag purrs along and rarely hits my pocket adversely could be testament to my qualities as a safe and careful driver who stays "on the ball" :wink:

I live to the north of Keswick. It is a bit remote.. but what I love. I have no choice but to drive and my journeys to and from my work have never been overly long or tedious or even dangerous. But then .. I never ever allow anyone to upset me on the road. I just drive according to whatever life chucks at me and I get on with it .. but evaluate my drive and think how someome might have perceived that lane change .. even though they let me in and I gave a cheery thumb up gesture. :lol:


Quote:


Just look how many drivers take over 20 seconds to move quickly and swiftly away from a green light. Or stop at a roundabout because they have muddle the approach or miss judged? Or they loose time because they use the wrong gear? (Good example is a change from a 30 to a 60 near me - I'll observe the 30 in 3rd, accelerate away at the limit change but my clear road is blocked by the driver that has just overtaken me because he/she wanted to exceed the 30 limit).

Sorry, I have gone on a bit...


Ed// I use my gears.. use third a lot.. and perhaps the delay is in just not watching the lights. .. and being just ready for the off. :roll:

A part of it is being mindful to other road users.. and it'sa case of COAST and common sense really.

I am fair.. I pointed out where I take some issue with your post here.. but I do not disagree with everything you post here my friend.

I think Paul is a pal of the cyclist in reality mate. I think he should ride though... it's fun .. exhilarating.. and there are lots of pub rides and runs which make a real ale enthusiast and the amateur photographer's dreams come true too :lol:

Hope you reply here mate. The Swiss and self are not as C Minors with meaningless degrees in stuff no one else is interested in think :wink:

We hope to accord reason and true friendship and promote realistic road safety values. I trust to be met at least halfway.

_________________
If you want to get to heaven - you have to raise a little hell!

Smilies are contagious
They are just like the flu
We use our smilies on YOU today
Now Good Causes are smiling too!

KEEP SMILING
It makes folk wonder just what you REALLY got up to last night!

Smily to penny.. penny to pound
safespeed prospers-smiles all round! !

But the real message? SMILE.. GO ON ! DO IT! and the world will smile with you!
Enjoy life! You only have the one bite at it.


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PostPosted: Fri Apr 06, 2007 00:16 
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Accurately and elegantly put, MM :D

Actually, you may have a little more interaction with him on discussion fora in your neck of the woods shortly; he's moving to Manchester.

So expect more pro-cycling, anti-car, environmentalist, pro-scamera, "I can cycle faster than you can drive" diatribe up there!

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PostPosted: Fri Apr 06, 2007 10:21 
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My younger brother and sister are with GMP. They will be watchin' out for 'im :hehe:


A580 was built with a cycle path running along each side in that area.. the tricky bit is where the slip enters the M60. Mad Doc's two youngest sisters live in that particular area of Manchester and one of his brothers (yet another medic) also lives in another leafy 'burb. They all say the A580 cycle lanes (separate from the road and shared with pedestrians) are in good repair and certainly "faster" than the morning jam to the motorways. This is a 50/60 mph dual carriageway - three lanes at this side of its route from Liverpool to Manchester.

Area has apparently invested lots of cash in developing scenic routes for cyclists which keep them off the roads as well. :lol: :bow:

I am sure he will love it there :lol: :drink2: (Mad Doc's sisters and my own brother and sister based there know all the great off road rides to the real ale houses! :drink2:) :drink2:

Cycling though.. not everyone's choice tipple - and folk in Manchester use a mix of tram/train/bus if convenient for them and car if not. Family down there say more bikes used along the back roads around the Urmston/Altrincham route and down Glazebrook to the Warburton Bridge and Lymm. They rarely see cyclistcommuting to Bolton and Manchester though - but suspect they are using the scenic off-road designated routes which were built for that purpose at great investment and Lottery cash. (See Mad Doc's thread on the opening of one of them recently! :wink: )

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Take with a chuckle or a grain of salt
Drive without COAST and it's all your own fault!

A SMILE is a curve that sets everything straight (P Diller).

A Smiley Per post
FINES USfor our COAST!


Approach love and cooking with reckless abandon - but driving with a smile and a COAST calm mind.


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