police failed to disclose facts on M/cyclist charged over accident, case dismissed

[just john]

Plod less than honest in prosecution; [Www]

''accident investigators’ report concluded that the motorcyclist was not to blame – and workers who recovered Mr Bannell’s bike claim officers told them that the pothole caused the crash. Mr Bannell’s lawyer Darren Hackley-Green of motorcycle specialists NewLaw said: ‘The behaviour of the police in this case has been outrageous. ‘They formally charged my client with driving without due care and attention, even though they knew that a pothole caused the accident.''

Read more: http://www.dailymail.co.uk/news/article-1239922/Police-force-dismissed-outrageous-lawyer-charge-motorcyclist-accident-caused-pothole.html#ixzz0bXqe8pyu

[woolybanana]

are you surprised? easy to charge motorcycle "yob" rather than seek the truth; and they get a bonus for a case solved. One could go on. In a decent world the police involved would be sanctioned

[Sunday Driver]

Motorcyclist fails to exercise due care and attention through lack of observation resulting in him running over a pothole.

Pothole denies having caused the accident and blames the motorcyclist for running him over......

 

[just john]

I'm surprised SD, not feeling your usual balanced self today? The point here surely is that the roads are in a dangerous condition and Police omitted details in the report from evidence?

Firm that recovered written off bike told him the police said the accident was actually caused by a pothole.
Forensic collision investigator's report prepared by the police themselves confirmed that the pothole had been at fault
(However, they failed to disclose that fact until specifically asked in writing for a copy of the report.)
A Spokesman for Avon and Somerset Police said responsibility for prosecuting lay with the CPS.
The CPS said the police prepare cases in minor traffic offences. Case dismissed.

Incidentally I was following another car on a narrow two lane 50mph 'A' road at 40mph about three car lengths back, traffic was coming towards from the other direction, the car in front wobbled and I saw the pothole that he had hit, but it was positioned so close to the centre of the road that swerving to avoid it was not an option, I hit the brake just before hitting the pothole which bottomed the suspension but I was unable to avoid the pothole and glad I was not on a bike, no wonder £53million cost of potholes, if only the roads were maintained instead of fighting motorists and paying out claims.

Edit
Time for a rethink on the confrontation between Police and Motorists; Since Swindon removed its speed cameras (allegedly after being obliged to forward funds to Central Government) earlier this year and figures have seen the number of deaths on its roads fall to zero, now Dorset seem set to follow.

http://www.dorsetecho.co.uk/news/4828264.Dorset_set_to_remove_fixed_speed_cameras/

[ventodue]

I don't know, just john ...

As a biker myself -  and someone who 3 years back, on a bend, hit a small but very deep pothole in the Auvergne which spewed me off the bike - I know where Sunday Driver (also a biker, of course) is coming from.  Potholes, diesel spills, squirrels, white Peugeot 205s - you just have to hope you see 'em all [:)]

Fortunately, in my case, the gendarme who happened to turn up wasn't so stupid as to do me for the equivalent of 'lack of due care'.  After helping me put the bike back on its wheels, he went back to look at the hole, offered his sympathy ... and we went our own ways.

P.s  But no, getting back to your original point, I'm not overly surprised that the police chose to remain silent about the existence of the pot-hole ...

A+

Craig

[just john]

[quote user="ventodue"] I know where Sunday Driver (also a biker, of course) is coming from.  Potholes, diesel spills, squirrels, white Peugeot 205s - you just have to hope you see 'em all [:)] [/quote]

Well of course, Potholes, diesel spills, squirrels, white Peugeot 205s, even bikes, you just have to look to see 'em all [:)] , but that's not always possible, in certain circumstances even if you do you may not be able to avoid them; and then it is not driving without due care and attention necessarily, one drives differently on a motorway to a local farmtrack.[;-)]

[Weedon]

I guess SD was having a bit of a jest JJ.

I went back to biking in 1994, it only lasted a year before I gave up again after taking fright at the appalling state of the road surfaces, which you don't notice nearly as much as when you are in a car.  Attitudes from car drivers to bikes were also a little unerving.

One particular road near to where I used to live was so often being dug up that somebody wrote in the local paper "I see the Post Office Telephone Camping Club is at it again"