Driver on trial for death of cyclist in first private prosecution
The case, before a jury, involves a rare private prosecution of a criminal offence.
A driver has gone on trial in the UK in a private prosecution brought by the Cyclists Defence Fund.
The case is the first such trial brought privately rather than by the Crown Prosecution Service (CPS).
The CPS usually prosecutes cases in the UK as the Director of Public Prosecutions does in the Republic of Ireland.
Gail Purcell, a 59-year-old from St Albans, appeared in the Old Bailey. She is charged with dangerous or inconsiderate driving that cause the death of Michael Mason.
The 70-year-old cyclist died in central London on the evening of February 25th, 2014.
The judge told the jury the case was being brought “somewhat unusually” by the Cyclists’ Defence Fund.
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It is a subsidiary of Cycling UK and describes itself as “a charity which offers help with cyclists' legal cases".
It also provides information about the legal aspects of cycling in the UK”.
Simon Spence QC told the jury the fact it was a private prosecution “does not in any way affect your approach to the case”.
The court heard Ms Purcell was driving along Regent St in London. She was on her way from work in a beauty salon at around 6.20pm in her black Nissan Duke.
Mr Mason was riding his bike in front of her vehicle when the defendant’s vehicle hit him. As a result he was sent through the air and crashing to the ground headfirst.
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The court was told that for whatever reason Mr Purcell did not see him ahead of her.
He was left unconscious and while he initially survived he would die in hospital 19 days later.
The court was told that people at the scene would give evidence. Witnesses would say Ms Purcell got out of her car and was distressed.
The court would hear she admitted hitting Mr Mason and said she did not see him.
In a police interview after the crash, the court was told, she said: “I realised I had hit something. Or something had hit me. There was an impact.
“I went to pull over on the left-hand side of the road, I put my hazard lights on. And I then ran back to the scene.
“I spoke to a man with glasses and said to him: ‘I didn’t see him, I was looking at the traffic straight ahead.”
Private prosecutions in Ireland
Private prosecutions like that being taken in this case are rare in the Republic. But they are possible in law.
In a recent case in Ireland an hotelier attempted to bring a private prosecution against two people working for the Irish Bank Resolution Corporation.
The hotelier had taken out District Court summonses. They charged the two officials with deception related offences.
However, the Supreme Court ruled the case was motivated by a desire to simply put the two officials in the dock.
The court also found that cases involving the private prosecution of criminal offences could only proceed if the DPP joined the action.
It meant the private prosecution mechanism in Ireland could bring a case and its detail to the attention of the DPP. But the DPP then had to cooperate with its prosecution.
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