Wheels of Justice

[Eleri]

Today's Sydney Morning Herald has this story http://www.smh.com.au/nsw/wheels-of-justice-20120623-20ut3.html about a cyclist who was involved in an accident with a car in Sydney's Centennial Park.

Unbelievably, the police charged the cyclist. But he fought the fine ... and won!

[il padrone]

You're right about the "unbelievably" bit . Sheesh, how stoopid are Sydney coppers??


The cyclst was the only one injured and he's charged with riding negligently. How can you be found negligent to yourself????

[Eleri]

Indeed! I ride in the same club as Marc and we all found it pretty remarkable that he was the one who got charged ... and not the driver.

Good on him for following through with it to its logical conclusion.

[sogood]

I called the "stupid junior copper syndrome". This is not the first time I've seen similar where they charged against overwhelming evidence. It's as if when they receive a case they'll need to issue at least one ticket to pay for their time. Unfortunately they have a habit of issuing to the wrong party.

[trailgumby]

Awarded $3200 in costs.

Video evidence FTW.

[human909]

I find that the most unbelievable thing here is that the courts eventually came through for the cyclist!

Or am I being too cynical.

[KonaCommuter]

So, I take it that now the driver is going to be fined?

[il padrone]

Awarded $3200 in costs.

Video evidence FTW.

Yes, but the really disturbing thing is, what about the humble cyclist riding without a video cam ?

'Hung out to dry'

[marc2131]

So, I take it that now the driver is going to be fined?

Driver guilty? We live in hope.

The copper in charge was 23yo. However his mentor was 39, and they were both reluctant to drop the charges despite the overwhelming evidence. Me thinks limited IQ had more to do with it than limited experience.

[wombatK]

Not good to hear that the police took the motorists side.

They ought to be embarassed about that - wonder what the minister for
police thinks about that ?

[Sydguy]

This case shows how bad things are, I'd laugh if this was in a Jim Carey movie.

Retrain the police, retrain the driver and arm cyclists.

Parks need to be better designed so cars don't rule them, a car park at the entrance then make the lazy people get out and walk in.

Then maybe your kids are not in serious danger within the park.

JM

[AUbicycles]

Let's not forget that it was probably word against word so my guess why it was originally decided to fine the cyclist.
I did read the article and know that the video footage was submitted though don't know at which point it was received and whether it was properly reviewed.

--

Spotted a motorcyclist with a GoPro camera on his helmet today, made me notice though of course I am well behaved behind the wheel.

[PawPaw]

Un-friggin-believeable...

You Sydney folk need to get in touch with Michael Gallacher, and straighten him out.
The NSW Police obviously have a thinly veiled hate thing with cyclists.

The way I see it, govt still panders to morons who think lycra is something narcissistic middle class twits wear.
And obese police suffering sub clinical depression from too much shift work while dealing with society's scumbags, are too willing to agree.

[find_bruce]

I believe it is quite unusual for someone to be awarded costs against the police - cant recall the test, but think it is only where the magistrate decides there was no proper basis for being charged

[Oxford]

imagine being hit then being charged with criminal damage to the car. its happened, this situation does not surprise me at all but good on the cyclist for fighting the rank stupidity of the police. and like this case, that other cyclist I referred to was found innocent and had their costs paid for by the police.

[marc2131]

Let's not forget that it was probably word against word so my guess why it was originally decided to fine the cyclist.
I did read the article and know that the video footage was submitted though don't know at which point it was received and whether it was properly reviewed.

The video evidence was given to the Police within 24 hours of the accident. Hand delivered by one of the Dulwich Hill Bicycle Club members themselves. Paper was supplied in court to prove this. They had the evidence all along but still did not examine it properly. Totally contradicted their star witness. They were told this too on at least 2 occasions but they still refused to drop the charges and pursued it right to the end. They now have to explain the $3,200 court cost to their station boss now ... ha ha.

[KonaCommuter]

Let's not forget that it was probably word against word so my guess why it was originally decided to fine the cyclist.
I did read the article and know that the video footage was submitted though don't know at which point it was received and whether it was properly reviewed.

The video evidence was given to the Police within 24 hours of the accident. Hand delivered by one of the Dulwich Hill Bicycle Club members themselves. Paper was supplied in court to prove this. They had the evidence all along but still did not examine it properly. Totally contradicted their star witness. They were told this too on at least 2 occasions but they still refused to drop the charges and pursued it right to the end. They now have to explain the $3,200 court cost to their station boss now ... ha ha.

My money says that at least one Officer will spend the rest of his career as a Cop targeting Cyclists.



Many a moon ago I knew a cop who had a chip on his shoulder about cyclists. Every opportunity he got he’d give them a ticket. I often wonder if Officer A issues 99% of the states tickets to cyclists that’d raise a red flag?

[Mulger bill]

The video evidence was given to the Police within 24 hours of the accident. Hand delivered by one of the Dulwich Hill Bicycle Club members themselves. Paper was supplied in court to prove this. They had the evidence all along but still did not examine it properly. Totally contradicted their star witness. They were told this too on at least 2 occasions but they still refused to drop the charges and pursued it right to the end. They now have to explain the $3,200 court cost to their station boss now ... ha ha.

Heart bleeds. Methinks this is called "accountability" in the popular press.

My money says that at least one Officer will spend the rest of his career as a Cop targeting Cyclists.

Already is IMO. Let's hope this makes him think twice before he ignores hard evidence in favour of bigotry in future.

[jules21]

Many a moon ago I knew a cop who had a chip on his shoulder about cyclists. Every opportunity he got he’d give them a ticket.

that would appear to be the most likely explanation for this shamozzle too.

[The 2nd Womble]

Has anyone else noticed that BNSW has had absolutely no involvement in this case when it's become so well know nationally this week? and all on the same day I posted this:

"Education, education, education.
It's been the catch cry of our State Orgs for years. However the dismissive and convenient reply is heard most often from BQLD and BNV when asked of their opinions regarding minimum safe passing distances, increased law enforcement, Strict Liability, sustainable road engineering etc.
We ourselves at SCA have been directly criticised by both BQLD and BNV for being narrow minded, misguided and counterproductive when any and all of these issues are raised, but all of these factors are indicative of Australia's backward approach to road safety. The recent scramble by Governments to build inadequate an ill concieved cycling infrastructure in a desperate bid to delay the crisis that is already unfolding on our roads, is too little, too late.
In the past the AGF has also pleaded for increased awareness on both sides of the fence through education, but where the AGF differs from our State bodies is in their genuine commitment to the implimentation of such programs, and their acknowledgement that education is a corner stone, not the whole concrete pad.
Ask yourself, when was the last time any State Org publicly voiced regret at the death or serious injury of a cyclist? Here in Queensland we lost 9 riders in 9 months which is truely shocking, and yet the Org that claims to represent Queensland's cycling community had absolutely nothing to say. Absolutely nothing.
The topic has been increasingly raised by many who are becoming aware of the silence when there should be a roar from those that represent their paying members."

New South Wales' "peak body" is as dismissive of the treatment of their members as the NSW Police. Good on CNSW for getting stuck in on this one.

[The 2nd Womble]

...GOD I"M GOOD!

[jules21]

Has anyone else noticed that BNSW has had absolutely no involvement in this case when it's become so well know nationally this week?

surely it's up to the victim to decide who he wants to ask for help? is there any evidence that he asked BNSW? it's not in the linked news article at least.

[The 2nd Womble]

Does advocacy wait for a dead man to raise his hand in the air?

[The 2nd Womble]

...well it actually does depending on the advocate...

[find_bruce]

Has anyone else noticed that BNSW has had absolutely no involvement in this case when it's become so well know nationally this week?

surely it's up to the victim to decide who he wants to ask for help? is there any evidence that he asked BNSW? it's not in the linked news article at least.

I think you are being a bit harsh Dave.

Put yourself on the saddle of Mr Rerceretnam's bike - would you really want the "assistance" that the current mob at BNSW can provide ?