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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

someone tell me what crime has been committed?

1000 replies

Weefreetiffany · 02/03/2023 07:15

Baffled by this story

www.dailymail.co.uk/news/article-11810311/Woman-49-convicted-manslaughter-raising-hand-elderly-cyclist-collision.html

on what grounds are the prosecuting the pedestrian? It seems an absolute stretch to think that her gesticulating and “radiant her hand” at a cyclist for driving towards her on a pavement is wilful manslaughter? I can see how it’s a tragic, very unfortunate accident but how did this make it to court?

The atmosphere is this country is so toxic to middle aged women at the moment- what is going on?!

OP posts:
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Hawkins003 · 02/03/2023 09:15

thedancingbear · 02/03/2023 09:06

Oh hell, you're right. Sorry, I take my post back. You can just see it at the very last second, when she's partially out of frame. Her body turns and it looks like her arm comes out to push her.

If you're commenting on this but have not watched the last half-second of the video really closely, you need to.

At first I was on the side of the pedestrian, but after the video, I'm more convinced that based on the video it does suggest the person pushed intentionally

dawngreen · 02/03/2023 09:16

They were asking for das cam footage. I watched the video, and she turns to look back at the cyclist. Its not possible to know what happened after she looked back. We will have to wait and watch.

I do think its naff that the police cannot decide if its a path or a shared path way. If they don't know how are people walking or cycling supposed to know??

CeeceeBloomingdale · 02/03/2023 09:16

HarlanPepper · 02/03/2023 08:39

@CeeceeBloomingdale Why have you posted that picture? That's not where it happened. You can easily find video footage and you can see in the footage that the pavement was wide enough for them to pass each other. But the pedestrian walks towards the cyclist and makes 'light contact' (as she herself has admitted) which pushes her into the road.

Erm for the reasons stated in my post, showing not all shared cycles paths are wide! I did not suggest it happened there. I've watched the cctv and don't see the one where it happened as being wide. Why are you policing what I post?

WiIson · 02/03/2023 09:17

What a terrible story. Whilst the cyclist shouldn't have been on the pavement, it should have been foreseeable that a serious accident was likely to happen from the pedestrians actions. She should absolutely should be prosecuted.

trams · 02/03/2023 09:18

I view it like this...

On a spectrum of average adult behaviour, it's possible to get frustrated and in a moment of rage, wave/shout at someone who may (or may not) be doing something that worries/annoys you. We're all capable of doing something like that.

Outside the spectrum of average adult behaviour is that when you see your dumb actions have caused a fatal accident, you walk away (presumably in the hope that no one saw) and go and do your shopping.

maddening · 02/03/2023 09:18

thedancingbear · 02/03/2023 09:13

Look at the video closes. Her arm comes out at the very last second, when she's partly out of shot. She pushes her into the road.

It the option is cyclist hits you or you push her away from you then that is self defense, if the cyclist had stopped and then she pushed her into the road then yes that would have been a crime.

Weefreetiffany · 02/03/2023 09:19

thedancingbear · 02/03/2023 09:12

In fairness, if you push a cyclist in front of a car, and they die, then the issue of whether she was entitled to be where she was is pretty much legally irrelevant.

Extraordinary that some posters are effectively arguing 'she deserved to die, she was on the pavement'. Full-on Daily Mail lobotomies.

binary thinking, like daily mail readers=“lobotomised” idiots and non mail reader= Superior in ever way, is worse in my opinion.

It’s important to be able to discuss an issue and see all shades of grey, no matter the source material. Any news source can be reliable or unreliable, we don’t know unless it’s observed and discussed (the democratic function of the press?) hope that you can see my point from way up there on your very intelligent pedestal

OP posts:
JimMoriarty · 02/03/2023 09:19

hattie43 · 02/03/2023 07:24

Oh give over , it's the most read paper out there .!

It is definitely inaccurate and sensationalist. Most read doesn’t make that any less true.

HarlanPepper · 02/03/2023 09:19

maddening · 02/03/2023 09:18

It the option is cyclist hits you or you push her away from you then that is self defense, if the cyclist had stopped and then she pushed her into the road then yes that would have been a crime.

It certainly would have been self defence if she had had no option but to protect herself. But the video shows her walking towards the cyclist (changing her course) and then at the very last minute, pushing her into the road. You can see it. The jury saw it. She was convicted.

Hawkins003 · 02/03/2023 09:20

maddening · 02/03/2023 09:18

It the option is cyclist hits you or you push her away from you then that is self defense, if the cyclist had stopped and then she pushed her into the road then yes that would have been a crime.

That's the thing, it looks like the cyclist could of and seemed to be on the trajectory of passing by the pedestrian side.

lieselotte · 02/03/2023 09:20

It's bizarre that they were unable to establish this as it is crucial to the case. It certainly looks like an ordinary pavement in the photo. It doesn't look wide enough to be safely shared by cyclists and pedestrians

Some shared paths are very narrow. Look at canal towpaths, for example. But pavements by the sides of roads as well - they have shared use signs, but they are not very wide.

But even if the cyclist was breaking the law, they didn't deserve to die and the pedestrian went too far. That said, it appears that the pedestrian has a disability so I'd be surprised if they got more than a suspended sentence.

I am sure if a MNer parked on the pavement and I deliberately scratched their car as I pushed my buggy past, they would expect me to be prosecuted for criminal damage, even though they had initially broken the law by driving onto the pavement.

lieselotte · 02/03/2023 09:21

But the video shows her walking towards the cyclist (changing her course) and then at the very last minute, pushing her into the road

it sounds like there was room to pass safely but the pedestrian chose not to

Weefreetiffany · 02/03/2023 09:21

And I’ve not read anyone saying she deserved to die @thedancingbear . Just that it’s a tragic accident.

how can you be against the daily mail while using that kind of hyperbole it’s often criticised for?

OP posts:
dawngreen · 02/03/2023 09:21

The pavement looks full of holes and uneven. So some one with partial sight and cp would find it difficult to walk unless in the middle.

butterfliedtwo · 02/03/2023 09:21

TheOnlyLivingBoyInNewCross · 02/03/2023 07:29

The outcome of the incident is of course tragic, but I’m struggling to see how the partially sighted pedestrian with cerebral palsy is more at fault here than the woman cycling on the pavement?

Yes. Cyclists should not be on pavements.

evemillbank · 02/03/2023 09:21

This seems like a case ripe for appeal. Seems very harsh.

Hawkins003 · 02/03/2023 09:23

Just looked at the video , just before the "push" the cyclists wheel was part passed the lady, so it was not riding straight at the pedestrian and could of passed abit, very close.

CecilyP · 02/03/2023 09:24

There's nothing to say the cyclist was going at a high speed that I've seen. Nothing to say she was flying along the path at breakneck speeds leaving a trail of pedestrians in her wake which is the picture some posters are painting.

No I doubt she was hurtling; just going at normal cycling speed which is definitely far faster than walking and can still badly injure a pedestrian if there is a collision.

maddening · 02/03/2023 09:24

Hawkins003 · 02/03/2023 09:20

That's the thing, it looks like the cyclist could of and seemed to be on the trajectory of passing by the pedestrian side.

Then the reports would not be that she swerved to avoid, they would be that the cyclist had stopped and the pedestrian violently pushed her off her bike and into the path of a car. It says she swerved, does not mention pushing. The pedestrian was on the edge of the pavement, if the cyclist intended to drop on the road to circumnavigate the pedestrian then the cyclist should have slowed down and checked that there was no traffic.

Hawkins003 · 02/03/2023 09:25

maddening · 02/03/2023 09:24

Then the reports would not be that she swerved to avoid, they would be that the cyclist had stopped and the pedestrian violently pushed her off her bike and into the path of a car. It says she swerved, does not mention pushing. The pedestrian was on the edge of the pavement, if the cyclist intended to drop on the road to circumnavigate the pedestrian then the cyclist should have slowed down and checked that there was no traffic.

Regards of the reports the video is clear, that's your primary source of information

thedancingbear · 02/03/2023 09:26

Weefreetiffany · 02/03/2023 09:19

binary thinking, like daily mail readers=“lobotomised” idiots and non mail reader= Superior in ever way, is worse in my opinion.

It’s important to be able to discuss an issue and see all shades of grey, no matter the source material. Any news source can be reliable or unreliable, we don’t know unless it’s observed and discussed (the democratic function of the press?) hope that you can see my point from way up there on your very intelligent pedestal

Not really, and I don't consider the Daily Mail to be a 'news source'. It's an inflammatory rag read by simpletons.

Hawkins003 · 02/03/2023 09:27

@maddening
It looks like the cyclist would of rode past normally but off angle the pedestrian looks like she "pushed " the cyclist causing the serve into the roas

dawngreen · 02/03/2023 09:27

The woman said in her own defence that she deliberately put her arm out. It’s not some sort of spasm, she says she did it deliberately.

NOT TRUE SHE MAY HAVE IS NOT THE SAME AS DELIBATELY.

Hawkins003 · 02/03/2023 09:27

*road,

Hawkins003 · 02/03/2023 09:30

thedancingbear · 02/03/2023 09:26

Not really, and I don't consider the Daily Mail to be a 'news source'. It's an inflammatory rag read by simpletons.

So we have a more respectable news outlet, that it could be argued that still have the various constraints on different stories ect different layers of airs of professionalism does not automatically make the news outlet more better somehow.

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