Cyclist who pushed fellow biker into canal spared jail
IT is meant to be a relaxing pastime or, at very least, a slightly healthier commute to work.
But a canal-side ride ended in a serious case of ‘path rage’ when a woman pushed a fellow cyclist into the water because she felt he broke the rules.
The row over who had right of way on an aqueduct on the Union Canal in Edinburgh ended in banking business analyst Brian Wiley – and his bike – being pushed into the water.
At the city’s Sheriff Court yesterday, Katherina Mika, 50, of Edinburgh, was ordered to carry out 150 hours of unpaid work.
She was found guilty at a trial in June of assaulting Mr Wiley, 59, by pushing him on the body and causing him to fall into the water on July 1, 2013. Sentence had been deferred for a background report.
Mr Wiley told the trial he used the path daily. On the day of the incident he was on the narrow part on the aqueduct when he saw another cyclist coming the opposite way.
‘I usually stop to let other people pass,’ he said. ‘There is usually a signal to communicate who is going to stop and who is going to pass.’
He said he followed ‘the rule of the road’ and was on the left-hand side of the path.
‘I stopped to let them pass,’ he added. ‘The person indicated they were unwilling to stay on their left-hand side.’
Mr Wiley said he had his foot on the ground at the time and the other cyclist was pushing their bike. ‘As they were passing, they said something to me which I could not make out.
‘I said “Sorry” and they repeated the word “Sorry” in a quite loud and aggressive manner”. The other person put up their arm and hand and pushed me into the canal with my bike.’
He was in the water for two to three minutes before other cyclists pulled him and the bicycle on to the bank. When fiscal depute Jenny Hamilton asked if the canal was deep at that point, Mr Wiley replied: ‘I am 6ft 2in and the water was up to my nose.’
He told the court that although he was not hurt, he had to replace his mobile phone which cost £100 and have his bike serviced, costing £60.
Defence lawyer Peter Winning asked Mr Wiley if there was a sign on the aqueduct saying cyclists should dismount. Mr Wiley said there was, but he could not remember if it was there at the time. Mr Winning asked: ‘Why do you think it is there?’ Mr Wiley replied: ‘To make it safer for other cyclists.’
Witness David Drummond told the trial he had been 150 yards away when he saw two cyclists ahead. One put their hand on the other’s shoulder, he said, and that cyclist ‘tottered’ and fell in. Mr Drummond said the man was submerged in the canal which was ‘dirty and smelly’.
In court yesterday, Mr Winning said Mika was of previous good character and had not offended since the incident two years ago.
Sheriff Peter Braid told her that the matter was serious but there was an alternative to custody and ordered her to complete the hours of unpaid work within six months.