someone tell me what crime has been committed?

[Weefreetiffany]

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?!

It sounds like a horrific accident. Manslaughter seems rather a stretch to me. If she shoved her off the pavement that would be different. The cyclist surely could have just stopped cycling and waited until she could proceed safely onto the road.

There are maps online of cycle routes in Huntingdon, so I don't know why the police couldn't decide.

because if there isn’t a sign to say - end of shared path, which in many cases there aren’t- then it’s considered still a shared path 🤷‍♀️

Had it been an 18 year old boy, attitudes would be different.

Agreed. The police said they didn’t know if it was a shared space but if it’s now regularly used by a bunch of teenage cyclists, I’m sure they’ll soon make up their minds.

To be honest, if she hadn't shouted 'Get off the fucking pavement' I doubt there would have been a case to answer - all she appears to do in the footage is fail to get out of the cyclist's way.

So because roads are dangerous cyclists get to share pedestrian spaces instead, causing more danger to walkers? Let's face it when walkers and cyclists share pavements the walkers usually come of worst in the event of an accident. It's also illegal for cyclists to do this, for very good reasons. This is a rare example of the opposite happening.

HedwigIsMyDemon · Today 07:33

except when we ride on the road the abuse (and dangerous behaviour) we get from motorists is horrific.

I sympathise, but that doesn't give cyclists the right to ignore and break the law, by cycling on the pavement.

There's actually a lamp post in the way of the cyclist as well. You can see her trying to curve round the pedestrian but then having to divert into the road to avoid hitting the lamp post.
Awful and tragic. Will reserve judgement on blame and sentencing. Thoughts with the family 💐

When you watch the cctv - look at the feet positioning - moving towards the oncoming cyclist - from slightly right of the pavement to left - and look at the gesticulations.

It looks 100% intentional, forcing her onto the road. If I was on that jury - I’d have little doubt about guilt.

Cyclist looks like she suffered from slowing down, fearing hitting the pedestrian, and more fell into the road.

@knittingaddict

shared paths have been put in as a cheap tick box effort by councils, they’re badly designed as they’re pavements and badly signed

if cyclists don’t use them they get berated and if they do use them they get berated fir being on the pavement

It seems a bit bonkers that the pedestrian has been prosecuted for manslaughter, seems they were both at fault to me but obviously the cyclist has sadly died as a result. The pedestrian did aggressively shout and the outcome is tragic but manslaughter seems a stretch given she appeared not to make contact and that doesn’t seem to be the basis for the prosecution.

The cyclist should have been going slow enough to stop as she was approaching a pedestrian on a narrow footpath/ shared path. Round my way, all shared paths say pedestrian has priority.

Dont understand how they couldn’t establish whether it was a shared path either, the same could probably be argued over most footpaths, where does that leave pedestrians🤷‍♀️

All in all, an absolutely tragic case.

Thanks to those explaining the technical assumptions. But acting like a bit of a dickhead in an ambiguous situation when a vehicle is coming towards you at speed isn’t a crime is it? I don’t think any reasonable person could have predicted the outcome. I wouldn’t even say she should have moderated her behaviour because in my eyes it’s not a extreme or malicious reaction, it’s proportionally reactive to someone approaching you on a bike at speed on a narrow pavement. It absolutely tragic and distressing that the cyclist fell into the road and was run over instead of stopping safely. But I can’t see where the crime is that the pedestrian has committed. Being unkind and not shrinking yourself as much as possible to let someone else have priority is not a crime.

I can’t understand why they don’t know if it was a shard path or not. Though saying that, as a cyclist I’ve received abuse from pedestrians when using a shared path, not all pedestrians realise that some paths are also for cyclists. Obviously cyclists should travel at an appropriate speed to their surroundings.

The cyclist should have been riding defensively, anticipating the needs of pedestrians- who are more vulnerable usually in this sort of situation - and anticipating the upcoming lamp-post which was an obstacle. It’s a horrible accident, but I can’t see the pedestrian is entirely to blame here.

If the road is too dangerous to cycle, get off your bike and walk on the pavement. It isn't the pedestrians' problem.

Obviously in this case there is doubt over whether it was a pavement or shared path but when it's a pavement, get off your bike.

And are you supposed to be going so fast that you can't stop in time for a pedestrian on a shared path? We don't have shared paths where I am so I don't know. I have cycled with my kids since they were young and we never used the footpath. It really grates me when fully grown adults around where I live are seemingly incapable of cycling on the road when my 6 year could do it. I've had cyclists hurtling towards me expecting me to jump out of their way when the entire road as far as the eye can see is completely clear of cars( we live in a small town in the arsehole of nowhere, no busy, fast moving roads).

Disabled people should be able to walk down a footpath without fear of cyclists mowing them down.

Exactly. Appalling disability discrimination rather than misogyny in this case.
The cyclist was illegally cycling on pavement, nearly ploughed into a pedestrian and expected everyone to move for her rather than slowing down or stopping. Yes, most people would move out the way, but someone with CP can't do that that quickly. I have very limited sympathy, as the cyclist caused this entirely by her actions.

I hope it will be appealed. Oh and for those saying how callous her behaviour afterwards was and that's the reason for the sentence that would only apply in an actual crime, which this wasn't. Walking on the pavement and gesturing is not a crime.
And some cp sufferers have learning disabilities as it is a condition that results from a brain injury so I wouldn't be judging the woman by neurotypical standards anyway.

It’s an awful case, but I think there is a real issue with the lack of safe infrastructure for cyclists ( I know I’ll get flames for this) but it simply isn’t safe to ride on the road, the horrors I’ve seen drivers do to cyclists when driving, ranging from verbal abuse, throwing drinks at them and trying to drive them off the road. I can’t blame an older cyclist for riding on a possibly shared path when traffic is awful. Also why the hell shouldn’t an older person ride? It keeps them healthy, fit and is better for the environment, and should be encouraged

I suppose the question would be: would it have mattered, legally speaking, if the path was a shared path or a pavement.

Even if it was a pavement, and the cyclist shouldn’t have been on there, the pedestrian still acted in a manner that led to the cyclist’s death.

I think we have to work on the assumption that this aspect of the case was covered in court. And the court still found the pedestrian guilty of manslaughter.

It would be a bad and very dangerous precedent if people were excused from culpability on the basis of the victim also acting illegally. The teenage girl who uses fake ID to get into a club, and is then raped; does her rapist get a free pass because the girl acted illegally and shouldn’t have been there in the first place? Of course he doesn’t.

Honestly. The pretzel-like knots that some people will bend themselves into to blame cyclists is quite extraordinary. In this instance it’s a form of victim-blaming.

Exactly.

Her behaviours after the accident make her not a nice person, but not a criminal in my view.

How is it in the public interest to prosecute in this case. You have people recklessly driving in cars that only get done for dangerous driving, and yet this is manslaughter. Sometimes tragic accidents are just that.

And cars being dangerous on the roads is not a reason for anyone to cycle on the pavement, causing a risk to people with disabilities.

I’m surprised that it’s deemed to have caused her death.

As a competent cyclist in that situation I’d have braked, or slowed to a walk on approach. Particularly if there was conflict or no appropriate gap. I understand being on the pavement, it’s a ring road, fast, no space and I’m guessing few pedestrians. It’s not safe. However if on the pavement or even in a shared space you have to ride defensively. What if for example a toddler on a scooter popped out? There was a hole or debris? You don’t just ride at it until the last second, you slow down or stop.

I’ve been in the same position, and I’ve calmly stopped and allowed the angry pedestrian to pass me whilst not engaging. I do think there’s also some choice in choosing not to stop and hoping they’ll move. Like with driving you need to take care of slower users of the space you are in.

Why shouldn't an older person ride so fast that she can't move out of the way of a partially sighted woman with cerebal palsy that is walking down the footpath? Do you not think you would feel vulnerable in that situation? Your balance is off, you can't see properly and someone is flying down the footpath towards you? Should footpaths not be safe for people like this lady or is she supposed to dive out of the way so an older person can 'keep fit and healthy'?

I've watched the video. The cyclist had no where to go. The pedestrian wasn't going to stop or move.

Under the Highway Code Hierarchy of Users rule H2 the cyclist must give way to pedestrians in shared routes. So whether it was a shared route or not doesn't actually matter. I too can't understand this result. I agree it was seems disability. I also agree that cyclists need much better infrastructure, and I am sorry for the sad death.

So you believe a 10 year olds should be cycling on major roads….. Because that’s what the same law says.

Thankfully Police are more understanding and accept that some roads are just too damn dangerous and that if cyclists are not doing so poorly - then it’s not a fine.

But let’s all stick to the law - which is an ass in some cases - and be damned how kids die.

I think that the jury will have heard all the evidence, and been guided by the judge as to the law, and they will be in a much better position than we are based on a relatively short article. I read the BBC one so thanks for sharing.

Agree that it’s odd about not being able to tell if it’s a shared path but then when I was a juror the police evidence was awful. The lead officer was on leave so they sent someone else along who couldn’t answer the questions.