CityCyclingEdinburgh Forum » General Edinburgh

Today's rubbish sentencing

(277 posts)
  • Started 8 years ago by Stickman
  • Latest reply from Murun Buchstansangur

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  1. mcairney
    Member

    Absolutely disgusting comments from him, the fact he has avoided jail just shows how deep the anti-cycling rhetoric runs in this country.
    I guarantee if someone assaulted the judge and put him in hospital they would end up with 10 years in jail.

    Posted 1 day ago #
  2. Murun Buchstansangur
    Member

    The STV reporter had harsher words for him than the sheriff!

    Posted 1 day ago #
  3. LaidBack
    Member

    If the victim had stood in front of the car as a pedestrian the assailant would have been jailed I reckon.
    The addition of a bike seemed to cloud the judgement. It really is outrageous particularly as it was all avoidable. The assailant's partner just stood there and got in the car afterwards.
    The injured cyclist was still blocking their way but they just drove off.

    Posted 16 hours ago #
  4. EdinburghCycleCam
    Member

    This is probably as good a thread as any...

    Back in March this year on my commute home from work, I had a Ratho Coaches driver honking at me then close passing me and forcing me to the kerb on Craigmillar Park. I wasn't in the cycle lane because as many of you know, those cycle lanes are full of pot-holes and parked cars, I was keeping up with traffic the whole way, and the last time I used the cycle lane there I was left-hooked and required hospital treatment (stitches in my elbow) and the police refused to charge the driver, claiming that I was undertaking the driver.

    Anyway, the coach driver of course stopped in traffic 50m down the road and I quickly caught up with them and "had words" with him. The driver took his phone out and started videoing me or taking a picture or something - the police refused to charge him for using his phone, and begrudgingly charged him with careless driving. The police also let me know that the driver wanted to press charges against me for banging (once) on his window, but was told that wasn't going to happen.

    I was in court on Friday last week for an unrelated close pass from a PHV driver (Which was also thrown out after I waited several hours in the witness room - I'm waiting to find out why), and I checked the COPFS Witness Gateway while I was waiting, to review my police statement. I noticed that the Ratho Coaches case was marked "The case has been closed", and had to email COPFS to find out why.

    They got back to me yesterday and said that (translated from legalese) they summoned the driver to court in September and he never showed up. Because it was a "non-imprisonable offence" (A driving offence) and because the 6 month time limit for driving offences had expired, they decided that issuing a warrant wasn't justified, and instead that just letting the driver walk with no punishment was the sensible option.

    I've submitted a COPFS complaint, because that sounds absolutely unhinged to me, and I was also sufficiently rule 2'd off that I didn't do my usual thing of posting the video on YouTube, and instead have contacted the media; Martin at SWD Media (who I've given a few videos to in the past) last night, and he's already emailed COPFS with some very well written questions about what the threshold is to get away with anything, and when the 6 month time limit actually ends, considering the accused had already been sent a summons.
    He's also written to Ratho Coaches for a statement in an extremely satisfyingly worded email ("the verified video footage documents severe proximity risks during a commercial service", etc), mentioning (as I already told Martin) that I've had a previous incident with a Ratho Coaches driver at the same time and location in the past - potentially from the same driver - which I emailed a complaint about and had no response of any kind.

    Both emails have a requested response of 5pm tomorrow, so I expect that'll be getting sent out on/for Friday morning. I expect it'll be getting sold to the S*n and Daily Heil and the like, for the comment sections to be filled with "he should have been in the bike lane", but hopefully the driver at least gets a bollocking from his boss.

    tl;dr: Rubbish sentencing: No sentence at all because the driver just didn't bother turning up.

    Posted 12 hours ago #
  5. Frenchy
    Member

    Infuriating just reading that, let alone being on the receiving end. I thought "Got off with it by simply not answering the door for six months whenever the police knocked" was bad enough.

    Posted 7 hours ago #
  6. gembo
    Member

    Partly the criminal justice system has filled the prisons so is now letting criminals walk/ Ratho is gentrifying now so not turning up to a summons is something that most residents wouldn’t do. Not turning up to a summons used to be treated very seriously, with the con going on the run etc?

    Partly a person is assaulted to risk of life Actual Bodily Harm. Jail for the criminal ah wait was the victim on a bicycle, that is different - you can walk free and show no remorse.

    Posted 6 hours ago #
  7. Murun Buchstansangur
    Member

    edinburghcyclecam - for what it's worth, and AFAIK, the "6 month time limit for driving offences" only relates to the COPFS initiating criminal proceedings with the court (what is called in England and Wales "laying papers before the court"). That is purely a paperwork process (in E&W neither the court summons needs to be sent to the defendant, nor the first hearing held, before 6 months are up, as long as the papers are before the court). No idea if things are different in Scotland, but it does sound like COPFS met the 6 month date for commencing proceedings.

    Therefore completely unhinged indeed for COPFS not to seek a warrant. Was the driver's surname Sturgeon or something :)

    Please do shame Ratho Coaches as much as possible - I've had 'negative interactions' with their vehicles also.

    Posted 2 hours ago #

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