Cyclist Stephen Lynch was hit from behind by the driver and killed. However, while the driver has now been convicted of the death the judge saw “no point” in jailing him.
A judge has decided against sending a motorist to jail for killing a cyclist because there was “no point” in imprisoning him.
The case, before a court in Co Down, saw the driver ordered to carry out 100 hours of community service rather than go to jail.
District Judge Mark Hamill at Newtownards Magistrates’ Court said the accused motorist had pleaded guilty to causing the cyclist’s death.
And because of that plea the longest prison term he could impose was three months.
“What’s the point in sending a man like this to prison for three months?” he said.
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“He will be out in six weeks. I may outrage the family, I don’t know. But I’m just not going to do it.”
He sympathised with the dead man’s family saying: “These cases are desperately, desperately sad. But the courts cannot turn the clock back to make things right”.
Ian William Lappin (55) in the courts last month admitted causing the death of cyclist Stephen Lynch by careless driving. He was sentenced on Friday.
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Lappin was driving on the Bangor Road, Co Down, shortly before 6am on October 6th, 2016.
He hit the back wheel of Mr Lynch’s bike and the 50-year-old father of five, from Downpatrick, was fatally injured.
An examination of the crash scene found Lappin’s car had hit Mr Lynch’s rear back wheel at about 50mph; some 20mph within the speed limit for the area.
There was no evidence Lappin tried to brake. The court was told the motorist would have seen Mr Lynch on his bike from 62 metres distance.
The distance would have taken his car 2.8 seconds.
The street was well lit and the court was told Mr Lynch had a front light but none on the rear and was not wearing reflective clothing.
Evidence was heard that when Lappin was asked by a passerby if he was OK he replied he would never be OK as he had killed a man.
Judge Hamill ordered him to carry out community service and banned him from driving for a year.
He said the case was a warning to both cyclists and motorists.
Cyclists, the judge said, needed to have working lights and hi-vis clothing. And motorists needed to concentrate.
Judge Hamill said any driver who was inattentive or careless for even a moment behind the wheel could end up in the same situation as Lappin.
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