Not guilty, on your bike
A CYCLIST who punched a motorist after he was almost run down on a Gold Coast street has been acquitted of assault charges.
Mathew David File was cycling in Miami on August 30 last year when Graeme Gibb went past him at speed in a black Pontiac Firebird, almost hitting File and his riding partner.
Mr Gibb also blasted his horn as he passed.
When Mr Gibb and the cyclists stopped at the nearby Miami Hotel, Mr Gibb got out and asked: “What’s the matter with you pricks?”
Mr Gibb held his arms out to his side as he approached Mr File.
That is when Mr File punched Mr Gibb once in the jaw, causing a fracture.
Mr File admitted during a trial in the Southport Magistrates Court in August this year that he had punched Mr Gibb.
He said he was provoked and scared about what Mr
Gibb may do after almost running him off the road.
Mr File had pleaded not guilty to serious assault of a person over 60. On Thursday, Magistrates Kerry Magee found Mr File not guilty and dismissed the charges. She found Mr File was provoked.
Magistrate Magee said the bike camera footage of the incident showed Mr Gibb had passed the cyclists with only about 20cm of space.
Under Queensland law motorists must give cyclists at least 1m of space when passing.
“I am satisfied that that unlawful act frightened, alarmed and unnerved (Mr File),” Magistrate Magee wrote in her findings.
“I accept that he was significantly shaken as a result when minutes later he has sought to confront (Mr Gibb).
“(Mr Gibb) demonstrated no insight at all into the dangerousness of his behaviour.”
Magistrate Magee said Mr Gibb “demonstrated indignation at the way (Mr File) lawfully rode his bicycle”.
“I find that this conduct deprived (Mr File) of the power of self control,” she said.
Magistrate Magee said she accepted Mr File had “snapped” and the force he used was not disproportionate to the provocation.
Outside of court, Mr File said he felt “pretty good” following the decision.
Mr File’s lawyer Troy Smith, of TWC Lawyers, said: “We knew from the outset this was a matter that had to be contested to clear Mr File’s name. We knew from the outset that he was innocent.”