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Another killer walks free...

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UK and Europe
Published
7 July 2004
Last activity
8 July 2004
Original author
Howard
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6
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  1. Hi folks,

    Doesn't the Highway Code say that drivers should always
    be able to stop in the distance they can actually see
    to be clear?

    As if we didn't know this again shows that the courts, as
    well as many drivers and police, believe in one basic
    principle; that the public highway should be considered
    to be the private domain of the users of motor vehicle
    users and all others users venture there entirely at
    their own risk...

    GRIEVING FATHER CALLS FOR CHANGE IN THE LAW By Jacqui
    Walls, PA News

    A grieving father whose daughter was killed as she crossed a
    road called for a change in the law today after a
    motorcyclist walked free from court. Georgina Toomey, 11,
    was on her pink bicycle outside a holiday resort in
    Lincolnshire when she was struck by the motorbike and thrown
    into the air.

    Alan Heath, 26, was cleared by a jury of causing death by
    dangerous driving and the court decided not to proceed with
    any further charges. Her father John said he was angry that
    justice had not been done over his daughter's death and that
    the motorcyclist had not even apologised over the tragedy.
    He said: "Sadly, we believe that in this court case, along
    with a number of other high-profile cases where children
    have been killed by drivers, justice and the law were
    separated. "We say this demands a significant change in the
    law. We have not sought revenge - nothing done by the court
    would have eased our loss and the sadness we feel. "The only
    anger we feel is that the accused did not even have the
    decency to say he was sorry for killing our daughter. "What
    we hoped to achieve was a decision that would make other
    drivers think about the risks they posed to children and to
    exercise more caution on the roads. "Regrettably, this case
    has had the opposite effect. The decision of the court
    amounts to a licence for every mad b*****d in Lincolnshire
    to continue with total disregard."

    The trial at Lincoln Crown Court heard Georgina was
    cautiously following her older friend across the road in
    Ingoldmells, when the motorcycle came round a bend. The
    youngster, from Peterborough, was flung into the road as the
    motorbike struck her bicycle and despite the efforts of
    paramedics, she died from her injuries. The jury heard the
    motorcyclist had overtaken at least one vehicle shortly
    before the accident in May last year on the A52 Skegness
    road. Heath, of Elizabeth Drive, Chapel St Leonards,
    Lincolnshire, told the court he knew the corner was
    potentially dangerous. But witnesses said he was riding over
    the speed limit.

    He denied causing death by dangerous driving and was found
    not guilty last month following a four-day trial. The
    prosecution found they could not proceed with a further
    charge of careless driving for legal reasons. The father-of-
    three added: "While supporting the right to trial by jury,
    we are unable to comprehend the verdict reached. "It flies
    in the face of the evidence of impartial witnesses. "Last
    year it was our daughter and this year it will be somebody
    else's daughter." Georgina, who was a member of the St
    John's Ambulance cadets, had asked for her organs to be
    donated following her death and her heart was used in a
    transplant to save a young boy, her father said. The Walton
    Junior School pupil wanted to become a barrister when she
    grew up and was just waiting to start secondary school when
    the tragedy happened.

  2. "Howard" <[email hidden]> wrote in message
    "]news:[email hidden]...

    Quoted message said:

    Hi folks,

    Doesn't the Highway Code say that drivers should always
    be able to stop in the distance they can actually see to
    be clear?

    Yes. Plus the law sets a speed limit that it appears was
    being exceeded.

    Plus the killer apparently knew the road and knew the bend
    to be 'dangerous'.

    Open & shut case. Guy -- get the rusty knife!

    T

  3. In article said:


    Doesn't the Highway Code say that drivers should always
    be able to stop in the distance they can actually see to
    be clear?

    "105. Drive at a speed that will allow you to stop well
    within the distance you can see to be clear." Page 27 of the
    paper copy I happen to have just bought.

    Regular readers will know this needs to be half the distance
    when there is a reasonable chance of someone using the same
    rule coming the other way. (For example, on a two lane hump-
    back bridge there could be a stationary vehicle just over
    the top, but you shouldn't have to allow for someone coming
    towards you on thw wrong side of the road, but on a single
    lane road you do.) (Of course there _might_ be someone on
    the wrong side of the road, and knowing it was their fault
    won't reduce the impact - but they _might_ be doing 120mph
    on the wrong side of the road, and no amount of you slowing
    down will help much then, so you have to draw a line
    somewhere on what's reasonable to expect.)

  4. Howard said:

    Hi folks,

    Doesn't the Highway Code say that drivers should always
    be able to stop in the distance they can actually see to
    be clear?

    As if we didn't know this again shows that the courts, as
    well as many drivers and police, believe in one basic
    principle; that the public highway should be considered
    to be the private domain of the users of motor vehicle
    users and all others users venture there entirely at
    their own risk...

    GRIEVING FATHER CALLS FOR CHANGE IN THE LAW By Jacqui
    Walls, PA News

    A grieving father whose daughter was killed as she crossed
    a road called for a change in the law today after a
    motorcyclist walked free from court. Georgina Toomey, 11,
    was on her pink bicycle outside a holiday resort in
    Lincolnshire when she was struck by the motorbike and
    thrown into the air.

    Alan Heath, 26, was cleared by a jury of causing death by
    dangerous driving and the court decided not to proceed
    with any further charges. Her father John said he was
    angry that justice had not been done over his daughter's
    death and that the motorcyclist had not even apologised
    over the tragedy. He said: "Sadly, we believe that in this
    court case, along with a number of other high-profile
    cases where children have been killed by drivers, justice
    and the law were separated. "We say this demands a
    significant change in the law. We have not sought revenge
    - nothing done by the court would have eased our loss and
    the sadness we feel. "The only anger we feel is that the
    accused did not even have the decency to say he was sorry
    for killing our daughter. "What we hoped to achieve was a
    decision that would make other drivers think about the
    risks they posed to children and to exercise more caution
    on the roads. "Regrettably, this case has had the opposite
    effect. The decision of the court amounts to a licence for
    every mad b*****d in Lincolnshire to continue with total
    disregard."

    The trial at Lincoln Crown Court heard Georgina was
    cautiously following her older friend across the road in
    Ingoldmells, when the motorcycle came round a bend. The
    youngster, from Peterborough, was flung into the road as
    the motorbike struck her bicycle and despite the efforts
    of paramedics, she died from her injuries. The jury heard
    the motorcyclist had overtaken at least one vehicle
    shortly before the accident in May last year on the A52
    Skegness road. Heath, of Elizabeth Drive, Chapel St
    Leonards, Lincolnshire, told the court he knew the corner
    was potentially dangerous. But witnesses said he was
    riding over the speed limit.

    He denied causing death by dangerous driving and was found
    not guilty last month following a four-day trial. The
    prosecution found they could not proceed with a further
    charge of careless driving for legal reasons. The father-of-
    three added: "While supporting the right to trial by jury,
    we are unable to comprehend the verdict reached. "It flies
    in the face of the evidence of impartial witnesses. "Last
    year it was our daughter and this year it will be somebody
    else's daughter." Georgina, who was a member of the St
    John's Ambulance cadets, had asked for her organs to be
    donated following her death and her heart was used in a
    transplant to save a young boy, her father said. The
    Walton Junior School pupil wanted to become a barrister
    when she grew up and was just waiting to start secondary
    school when the tragedy happened.

    Today I got really excited about doing 27 mph on a flat,
    straight road out in the country. The speed limit for this
    road is 70 mph.

    I could have gone faster on a moped, or a lot faster in my
    car, but I wouldn't have got excited about it.

    The problem with motor vehicles is that the thrill of speed
    relies on you being able to go faster than some other git
    who has a similarly uncontrollable heap of
    bhp/joules/watts/whatever. Your personal ability to handle
    this power has bugger all to do with the process. It's a bit
    like two cyclists pedalling to the edge of a cliff and then
    going over the top to see who can get to the beach first.
    The fate of the sunbathing family on the beach below is not
    considered.

    The sooner we clamp down on this sort of wanton behaviour
    the better as far as I am concerned. Motor racing should be
    reserved for track days not practised on _our_ roads.

    My condolences to Georgina's family.

    Terry Duckmanton

    --
    Terry Duckmanton.

    homepage.ntlworld.comterry.duckmanton A website
    mostly dedicated to cycling

  5. Terry D said:

    Today I got really excited about doing 27 mph on a flat,
    straight road out in the country. The speed limit for this
    road is 70 mph.

    Was it a dual carriageway? Your description suggests not, in
    which case the UK limit is 60mph.

    highwaycode.gov.uk09.shtml

    --
    Mark.

  6. Mark Tranchant said:
    Terry D said:

    Today I got really excited about doing 27 mph on a flat,
    straight road out in the country. The speed limit for
    this road is 70 mph.

    Was it a dual carriageway? Your description suggests not,
    in which case the UK limit is 60mph.

    highwaycode.gov.uk09.shtml

    --
    Mark.

    Hi Mark, Yes, it is dual carriageway. There isn't much of
    it and there are frequent accidents at the point where it
    becomes standard single carriageway. A 100m stretch has now
    been resurfaced with grey ball bearings, the function of
    which totally escapes me unless it was to cover up the
    blood stains?

    Terry Duckmanton

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