Cyclist who refused to stay in the gutter wins re-trial
brum critical masser | 30.01.2007 10:50 | Free Spaces | Social Struggles | Birmingham
Last year cyclist Daniel Cadden was stopped by police for cycling in the road. They said he should have been cycling in the gutter. The case went to trial, and a celebrity loony juge ruled that Daniel should have been cycling on an off-road path, and fined him for obstructing traffic. Daniel recently appealed and won the re-trial.
Speaking outside court, Daniel Cadden said: “I am overjoyed that the ludicrous decision to prosecute me has been overturned. The recognition in this case must go to the real heroes, all those people who have supported it either financially by giving to the Cyclists Defence Fund, by joining CTC or by sending messages of support to myself and my family. Without the support of these people this fight would not have been possible. The overwhelming sum donated to the Cyclists Defence Fund has been testament to the solidarity shown by the cycling community on this issue. This success serves to reaffirm cyclists’ right to decide when to use cycle facilities and when they are inappropriate or dangerous. The first judgement was unreasonable in denying this.”
Speaking outside court, Daniel Cadden said: “I am overjoyed that the ludicrous decision to prosecute me has been overturned. The recognition in this case must go to the real heroes, all those people who have supported it either financially by giving to the Cyclists Defence Fund, by joining CTC or by sending messages of support to myself and my family. Without the support of these people this fight would not have been possible. The overwhelming sum donated to the Cyclists Defence Fund has been testament to the solidarity shown by the cycling community on this issue. This success serves to reaffirm cyclists’ right to decide when to use cycle facilities and when they are inappropriate or dangerous. The first judgement was unreasonable in denying this.”
A cyclist who was found guilty last year of inconsiderate cycling, whilst cycling in accordance with the National Standard for cycle training, won a re-trial at Shrewsbury Crown Court last week.
CTC member Daniel Cadden was cycling fast downhill on a single-lane carriageway when he was stopped by police who believed that the position he had taken in his lane was forcing cars to cross the solid white line in the centre of the road illegally in order to overtake. But rather than stop the cars that had broken the law, the officers decided to charge Daniel Cadden with inconsiderate cycling.
The judge and two magistrates accepted the arguments put forward by Cadden’s barrister, Francis Fitzgibbon, that there was no legal obligation for cyclists to use cycle tracks, that the police’s evidence did not support the alleged offence and that causing only a short delay to drivers did not constitute “inconsiderate cycling”.
The judge who sat at his first trial believed Daniel should have not been on the road at all and instead should have crossed three lanes of busy traffic to use a cycle path, which runs alongside the road where he was stopped.
CTC’s Campaigns and Policy Manager Roger Geffen added: “This ruling is a tremendous victory, both for Daniel Cadden personally and for all the cyclists whose donations to the Cyclists’ Defence Fund have helped support this case. We hope the Government will now heed the voices of 11,000 cyclists who lobbied their MPs when a draft revision of the Highway Code threatened to enshrine into law the misguided views of the original police officers and trial judge in this case. We are picking up signs that the Government has been listening, so we hope there will be more good news on this when the new Code comes out later in the spring.”
Daniel Cadden was supported in his defence by the Cyclists’ Defence Fund (CDF), the independent charity which was founded by CTC to provide cyclists with support in legal cases. Over £25,000 was donated to the CDF by cyclists keen to show their support for Daniel.
To donate money to the Cyclists’ Defence Fund, go to
http://www.cyclistsdefencefund.org.uk
CTC member Daniel Cadden was cycling fast downhill on a single-lane carriageway when he was stopped by police who believed that the position he had taken in his lane was forcing cars to cross the solid white line in the centre of the road illegally in order to overtake. But rather than stop the cars that had broken the law, the officers decided to charge Daniel Cadden with inconsiderate cycling.
The judge and two magistrates accepted the arguments put forward by Cadden’s barrister, Francis Fitzgibbon, that there was no legal obligation for cyclists to use cycle tracks, that the police’s evidence did not support the alleged offence and that causing only a short delay to drivers did not constitute “inconsiderate cycling”.
The judge who sat at his first trial believed Daniel should have not been on the road at all and instead should have crossed three lanes of busy traffic to use a cycle path, which runs alongside the road where he was stopped.
CTC’s Campaigns and Policy Manager Roger Geffen added: “This ruling is a tremendous victory, both for Daniel Cadden personally and for all the cyclists whose donations to the Cyclists’ Defence Fund have helped support this case. We hope the Government will now heed the voices of 11,000 cyclists who lobbied their MPs when a draft revision of the Highway Code threatened to enshrine into law the misguided views of the original police officers and trial judge in this case. We are picking up signs that the Government has been listening, so we hope there will be more good news on this when the new Code comes out later in the spring.”
Daniel Cadden was supported in his defence by the Cyclists’ Defence Fund (CDF), the independent charity which was founded by CTC to provide cyclists with support in legal cases. Over £25,000 was donated to the CDF by cyclists keen to show their support for Daniel.
To donate money to the Cyclists’ Defence Fund, go to
http://www.cyclistsdefencefund.org.uk
brum critical masser
Homepage:
http://www.ctc.org.uk/DesktopDefault.aspx?TabID=4774
Additions
the loony judge
30.01.2007 19:30
It should be added that the loony judge that Daniel had the great misfortune to be originally tried by was the same one who recently cleared a police driver of driving at 150MPH+ and 80MPH+ through a built up area while trying out his whizzy new cop car. The completely barking judge agreed that the reckless cop driver was fully justified in "fine tuning his driving skills" on public highways by driving in this psychopathic manner. If there was true justice in this world then the car besotted judge would be struck off permanently, sent off for corrective re-education and ordered to personally compensate all victims of his injustice.
It's a motorists' world
