From the Age.
http://www.theage.com.au/news/national/hell-ride-crash-inevitable/2007/05/01/1177788114967.html
A "Hell Ride" cyclist found himself "between a rock and a hard place"
when he made the fatal decision to run a red light, killing an elderly
pedestrian, the cyclist's lawyer told an inquest today.
State Coroner Graeme Johnstone today heard final submissions on the
death of James Gould, 77, who was struck by cyclist William Raisin-Shaw
as he tried to cross a pedestrian crossing at Beach Road, Mentone, in
August last year.
Mr Raisin-Shaw, 30, of St Kilda, was one of up to 200 cyclists
participating in the "Hell Ride" - a weekly 75 kilometre high-speed ride
through Melbourne's bayside suburbs.
He has been charged with failing to stop at a red light, a charge that
carries a maximum fine of $215.
His lawyer, Michael Sharpley, today told the court his client had found
himself "between a rock and a hard place" with riders behind him yelling
at him to continue through the crossing, despite the fact the light had
already turned red.
"His view was that to brake heavily, in circumstances where those behind
had clearly signalled their intentions, would inevitably cause an
accident - potentially a serious one, involving a number of cyclists,"
Mr Sharpley said in his submission.
"The alternative of proceeding through the red signal appeared to be the
lesser of the two evils, on the basis that it was unlikely that a
pedestrian would walk out in front of cyclists approaching at speed," he
said.
Mr Sharpley said Mr Gould had been hidden from Mr Raisin-Shaw's view by
the cyclists in front of him.
Mr Raisin-Shaw's decision proved to be wrong, but in the circumstances
it "was not unreasonable", Mr Sharpley said.
Mr Sharpley accepted that his client had contributed to Mr Gould's death
but argued his actions were "not indicative of any significant degree of
negligence."
Mr Sharpley said Mr Gould had walked "into a wall of cyclists," and
would have been struck by another cyclist if Mr Raisin-Shaw had missed him.
In another submission, Gerard Mullaly, representing CycleSport Victoria
and the Amy Gillett Foundation, suggested a cyclists' code of conduct be
distributed with all new bikes sold.
He argued it was not practical nor was it desirable to control the size
of groups of cyclists, as danger came from the behaviour of individual
cyclists.
He emphasised that cyclists must obey the road rules at all times and
use adequate lighting when riding at night so they could be seen by
motorists.
Mr Johnstone will deliver his finding on July 25.
theage.com.au