Driver cleared over cyclist’s death in first crowd-funded prosecution
Jury decided in just 17 minutes
A WOMAN accused of causing the death of a cyclist was acquitted by jurors after just 17 minutes in Britain’s first crowd-funded private prosecution.
Hairdresser Gail Purcell, 59, was driving her Nissan people carrier when she collided with teacher Michael Mason on February 25, 2014.
But when police refused to refer the incident to the Crown Prosecution Service, a cycling charity brought a private prosecution.
Around 2,000 people donated more than £80,000 to the Cyclists’ Defence Fund (CDF) so it could take Mrs Purcell to court.
But yesterday, after a four- day trial at the Old Bailey in central London, a jury unanimously found her not guilty of causing death by careless or inconsiderate driving.
As well as being the first crowdfunded private prosecution, the landmark case is thought to be the first private prosecution for causing death by careless driving. Mr Mason’s daughter, BBC journalist Anna Tatton-Brown, made a 14-minute film for the Victoria Derbyshire programme on BBC2 following her father’s death.
In the film, she asked whether ‘the families of cyclists who die on our roads are let down by police, prosecutors and the courts’.
Mr Mason, 70, a stand-in teacher at The Grey Coat Hospital girls’ school attended by David Cameron’s daughter, was cycling north in Regent Street, central London, at 6.20pm when he was hit, with one witness claiming he flew through the air.
Simon Spence QC, prosecuting, said: ‘The lights on his bicycle were working and switched on. The red rear light was the type that flashed. He was knocked from his cycle by this defendant.
‘She was driving in the same direction. He impacted with the bonnet and fell into the road on his head. He suffered a very severe injury to the brain. On March 14, 2014, he died having never regained consciousness.’
Mr Spence said Mrs Purcell, from St Albans, Hertfordshire, did not see the cyclist and drove into the back of him.
Referring to witness Sophia Tran-Thompson, Mr Spence said: ‘She heard the driver of the car say, “I’m the driver. It was me. Is he okay? I just didn’t see him”.’
Mrs Purcell told police: ‘ I didn’t see anybody from my left. It’s like they came from the sky.’
Yesterday, Miss Tatton-Brown said: ‘My family and I respect the decision the jury have reached, although we are obviously disappointed. It seems failing to be aware of what’s in front of you while you’re driving is an acceptable mistake, not careless, and that no explanation is necessary.’
She said police should ‘review their investigation, their rush to blame the victim, their refusal to seek CPS advice, and consider what lessons might be learned’.
Duncan Dollimore, from the CDF, said the verdict showed the definition of bad driving had to be reviewed urgently, adding: ‘CDF are disappointed and concerned about the message this conveys.’