The first crowd funded lawsuit
Woman driver in court over death of cyclist after campaigners raise £64,000 for private prosecution
A WOMAN driver accused of killing a cyclist appeared in court yesterday in a landmark case after prosecution costs of almost £64,000 were raised online from 1,600 complete strangers.
The private prosecution became Britain’s first crowdfunded case after police outraged cycling campaigners and the daughter of cyclist Michael Mason, 70, by deciding not to take driver Gail Purcell to court.
Mr Mason, a teacher at The Grey Coat Hospital girls’ school – which David Cameron’s daughter Nancy, 12, attends, was hit on one of Britain’s busiest streets.
Purcell, 58, was accused of causing death by careless driving at Westminster magistrates’ court in central London.
The Cyclists’ Defence Fund, part of the charity Cycling UK, is leading the legal
‘A failure to react’
challenge, funded by donations from 1,600 people on the JustGiving.com website.
The CDF claims Purcell, a hairdresser, drove without ‘ due care and attention’ when her black Nissan Juke hit Mr Mason on February 25, 2014, during evening rush hour. He died 19 days later from brain injuries without regaining consciousness.
Michael Goodwin, representing the charity at the preliminary hearing, accused Purcell of failing to stop, having driven nearly 100ft after the accident.
He told the court Mr Mason was in her line of vision when she hit him from behind as he rode up Regent’s Street, central London, after shopping at an Apple store.
Mr Goodwin added: ‘ This is a complex case. The incident took place in a well-lit, busy street at around the rush hour in what was clearly ideal driving conditions.
‘There were no obstructions or distractions and there is clear evidence, if accepted at trial, that the cyclist was ahead of the vehicle in clearly visible circumstances in direct line of vision.
‘The driver should have seen Mr Mason in front of her pre-impact.
‘At the time of the impact, we submit, there was a failure to react. That is evidential by the lack of any braking. Post-impact there was a clear failure to react as the driver continued for some 29 metres before bringing the vehicle to a stop after the cyclist had been run over.’
Laura Porteous, defending, said Purcell would deny the charge. The defendent struggled to contain her emotions, her voice cracking as she confirmed her name and address.
Scotland Yard decided not to refer the case to the Crown Prosecution Service saying there was insufficient evidence to prosecute, prompting fury from his family and the CDF, which accused the Metropolitan Police of ‘victim-blaming’.
Mr Mason’s daughter, BBC journalist Anna Tatton-Brown, said before the case: ‘It doesn’t feel right to just let this lie.’
Scotland Yard reviewed the case after pressure from the family but concluded it had made the correct decision. At an inquest into the death, the coroner recorded a verdict of accidental death after Purcell said she didn’t see the cyclist.
But Duncan Dollimore, of the CDF, said: ‘We don’t think police investigated this adequately.
‘Mr Mason had everything on his bike – he had reflectors, lights – but the police made a comment that he was not wearing reflective clothing and he should have been aware of the vehicle behind him.
‘We decided to crowdfund because the Met made these comments suggesting victim-blaming rather than a consideration of whether her driving fell below the standards of a competent driver.’
Fatality rates on the capital’s roads have caused an outcry in recent years, with dozens of cyclists killed. Thirteen died in 2014, and 14 were killed in 2013. If successful, the case could pave the way for scores of similar prosecutions.
Mr Dollimore added: ‘We have never crowdfunded a private prosecution before. But it is something we would consider in the future.’
Private prosecutions can be brought by any individual or organisation and proceed in the same way as those brought by the CPS, which considers whether the case is in the public interest and there is sufficient evidence to convict.
Yesterday, District Judge Kenneth Grant granted Purcell bail as he referred the case to Southwark Crown Court on October 11.