Absurd charges dropped

[Audidude]

But not before the poor guy was put through over a year of hell with the case hanging over his head.
As details have become public through the court reports it became clear as the nose on your face that the charges were manifestly absurd. Whoever decided to bring these charges should be dismissed from prosecutorial duties!

http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=10782941

I have had a relative put through this process on charges that the judge said should never have been brought - it is hell on earth. Common sense should prevail long before proceedings are commenced.

[Number21]

I'm not sure about absurd. I don't disagree with him being acquitted, but he caused the death of a road user.

Whether or not he saw the cyclist, and I'm 100% sure he didn't, he DID open the door in busy traffic and a cyclist was there. And a truck was going past.

I've been doored as a cyclist before. It is impossible to avoid as a cyclist, and honestly if you check your rear view mirror it won't happen, period. It is such an easy thing for a motorist to do and such a hazard for a cyclist.

[Simon*]

Couldn't agree more.

I am fairly certain however, that any time someone is hurt or killed and a vehicle is invloved, the Police MUST charge them. It's policy.
I know for a fact that in a vast number of cases they don't like to, but they have to.

[Audidude]

I'm not sure about absurd. I don't disagree with him being acquitted, but he caused the death of a road user.

Whether or not he saw the cyclist, and I'm 100% sure he didn't, he DID open the door in busy traffic and a cyclist was there. And a truck was going past.

I've been doored as a cyclist before. It is impossible to avoid as a cyclist, and honestly if you check your rear view mirror it won't happen, period. It is such an easy thing for a motorist to do and such a hazard for a cyclist.

Have you read the court reports?

The car was parked at the end of a curve, and traffic was walking pace and bumper to bumper. He had actually exited the car after checking his mirror and opening the door and was standing beside it. He did NOT open it directly into the path of the cyclist. The cyclist came around a corner at a speed estimated by another witness to be around 20KPH and hit the door and the guy. She was travelling at a speed excessive for her visibility. It was her fault. She was NOT "doored" as you put it.

Charges do NOT automatically have to be brought if someone is killed on the road. There are plenty of occasions when police decide not to bring charges when it is clear the victim is the cause of their own misfortune. That was the case here, manifestly, as the charges have been dropped early in proceedings.

However expect another chorus from the cyclists-can-do-no-wrong-it's-the-car-driver's-fault brigade.

[Number21]

I only read the news report when the event happened. It said the guy had opened the door with an oncoming cyclist. I didn't realise that he had already got out of the car.

I also don't know the road. Is there a cycling lane?

[Audidude]

I only read the news report when the event happened. It said the guy had opened the door with an oncoming cyclist. I didn't realise that he had already got out of the car.

I also don't know the road. Is there a cycling lane?

Well maybe you should marshal some facts before voicing direct criticisms?

Yes there is a cycling lane - it is on the footpath on the opposite side of the line of parked cars to the traffic. It is there because the road is too narrow for cyclists to use it safely. It is clearly marked. She chose not to use it.

[The Truth]

To avoid this kind of thing all together would it not be sensible to make the bike lane mandatory during rush hours? Similar to the no parking on some roads during rush hours we already have in place.

[Number21]

Well maybe you should marshal some facts before voicing direct criticisms?

Yes there is a cycling lane - it is on the footpath on the opposite side of the line of parked cars to the traffic. It is there because the road is too narrow for cyclists to use it safely. It is clearly marked. She chose not to use it.

I'm not sure I would call that a direct criticism. Like I said I have no problem with the fact he was acquitted- it didn't sound like a clear cut case from how the events were reported. There were some details missed, but I'm still not surprised he was charged.

[the phantom]

there is a cycle PATH on Tamaki Dr, which is a shared pedestrian and cyclist facility different from a cycle LANE, it's not an ideal situation and often is taken up by walkers with dogs, roller bladers etc. who tend to ignore the marked spaced

as to being required to use a bike lane, often cycle facilities are retrofitted or tacked on to roads as an afterthought, some work well, others are dangerous, an example of the latter is on Glenfield Rd at the shops, where a southbound cycle lane is marked so close to parked cars and so narrow that it puts cyclists right in the open door danger zone, but as on Tamaki Dr, it's not the door that kills, its the vehicle alongside or coming from behind whose path you're forced into that administers the fatal blow

[Audidude]

there is a cycle PATH on Tamaki Dr, which is a shared pedestrian and cyclist facility different from a cycle LANE, it's not an ideal situation and often is taken up by walkers with dogs, roller bladers etc. who tend to ignore the marked spaced

as to being required to use a bike lane, often cycle facilities are retrofitted or tacked on to roads as an afterthought, some work well, others are dangerous, an example of the latter is on Glenfield Rd at the shops, where a southbound cycle lane is marked so close to parked cars and so narrow that it puts cyclists right in the open door danger zone, but as on Tamaki Dr, it's not the door that kills, its the vehicle alongside or coming from behind whose path you're forced into that administers the fatal blow

Correct phantom. In this case the cyclist was not forced into the traffic by an opening door in her path. The door was open well before she arrived. She either couldn't stop in the visible road in front of her (her fault) of chose to take the risk of going around the obstacle that appeared in front of her as she rounded the curve at quite a high speed for the traffic situation (again, her fault).

I know I may be sounding harsh here, but sympathy for a cyclist tragically killed should not lead to someone being put through the trauma of charges wrongly brought.

[the phantom]

as the cycle advocate said on the new tonight, there are no winners here

[Audidude]

as the cycle advocate said on the new tonight, there are no winners here

+1

[qta4]

I find it amazing that the police stuck these charges against this poor guy.
It seems that every case that they are challenged with there prosecutors just charge everyone to take the heat away from the police.

It also amazes me that that cyclists believe that they are above the law.
I would never cycle anywhere along Tamaki Drive ever.

It must be a city thing to think that cycling along there is a cool thing to do.

[Gordo]

The Police frequently place charges, often causing severe hardship to thie 'victim' when a moment's thought would have seen them never being placed in the first place.
For example, the farmer who shot one of three armed thugs who'd invaded his home and already beaten up his elderly wife - IMO, there were three other people who should have shot - the other two thugs and the idiot who prosecuted the farmer, forcing him to sel his farm to cover hid legal costs!
A few years ago, there was a case where a car was stolen and the thieving scum crashed and one of the three was killed (well, it was a start...) - the imbicilic Police wanted to charge the poor owner with responsability for the death because the brakes were faulty and it didn't have a WoF! FFS, I think they must have been indulging in some confiscated 'produce' to come up with that - fortunately there was such a disgusted outcry (largely organised by the local radio station) that they dropped these 'charges'!

As I say, 95%, or more, Police are doing a difficult and often dangerous job but it's that last 5% of incompetent or simply bad apples that cause all the grief!

[BB]

It sounds like it should have never been brought against this poor guy.
 And yes there are good and bad cycleways.
 The issue is with the high speed cyclists, the Tamaki drive cycle lane is for mums and dads and the kids to gently pedal around the water front.
 So the speed demons take the to road at their own risk in my mind.
 These speed demons seem to blame everyone for everything except themselves for trying to do something that may not be able to actually exist in this crowded world anymore unless they find themselves a very safe and good place and then stick to that only.
 The world is not your oyster just because your fit and healthy and ride a guilt free form of transport you pious gits