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Driver convicted of knocking down and killing cyclist Paul James



 
 
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Old September 8th 20, 05:25 PM posted to uk.rec.cycling
Simon Mason[_6_]
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Default Driver convicted of knocking down and killing cyclist Paul James

Found guilty despite the low flying Sun wriggle.
QUOTE:
A driver has been found guilty of causing the death of a former soldier and well-known local councillor by careless driving.

Paul James was training for a charity cycle ride when Lowri Ruth Powell hit him from his bike. The 61-year-old was knocked to the ground and was run over by the following car. Despite the best efforts of paramedics Mr James died at the scene.

Powell had denied causing death by careless driving but was found guilty following a week-long trial at Swansea Crown Court. Sentencing will take place next month.

Ceredigion Plaid councillor Mr James, who had previously served as a paratrooper in the British Army and in the French Foreign Legion, died on April 11 last year as he rode along the A487 between Bow Street and Aberystwyth.

As he rode up an incline on the approach to the university town just after 5.30pm he was hit from behind by a Ford Galaxy driven by Powell. The nearside wing (sic) mirror of the vehicle made contact with Mr James or his bicycle and sent him crashing to the floor.

The former solider was then hit by a Vauxhall Vectra driven by 40-year-old Christopher Allan Jones which was following the Ford. Mr Jones, from Devil's Bridge, was also charged with causing death by careless driving but was acquitted by the same jury on Monday.

During the trial the jury heard that at the time of the fatal collision the setting sun was was low in the April sky and both Powell and Mr Jones had reported being dazzled by its glare.

Powell said she had not seen Mr James at all while Mr Jones said all he saw was a flash of a high-visibility jacket on the road in front of the car moments before he hit the cyclist.

During the trial the court heard conflicting expert witness about how visible Mr James would have been in his hi-vis jacket at the time of the collision given the position of the sun, the road layout, and the roadside foliage and bushes.

The jury was told the matter it had to consider for each driver was whether the standard of their driving had fallen below that expected of a competent and careful driver and whether that driving had been a cause of – not necessarily the cause of, or even the primary cause of – Mr James' death.

After more than five hours of deliberations the 11 members of jury – one juror having been discharged for heath reasons – found Powell guilty by a majority of 10 to one.

Sentencing was adjourned October to allow time for the preparation of pre-sentence reports. Powell, aged 44, of Maes yr Efail, Penrhyncoch, was granted bail pending sentencing.

Judge Geraint Walters decided not to impose an interim driving ban following submissions from the defendant's barrister Virginia Hayton.

The judge thanked the members of the jury for their efforts, telling them such cases were among the most difficult to sit on.

Following his death Mr James was described as a "once in a lifetime" character who would be sorely missed in Ceredigion and beyond. At the time of the crash he had been training for a charity bike ride and was hoping to raise £10,000 for the cardiac units at Morriston Hospital and Bronglais Hospital.

https://www.walesonline.co.uk/news/w...lling-18897846
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