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Motorcycle news : General news
You are looking at: Home : Motorcycle news : General news

Policeman cleared of death by dangerous driving

Off-duty copper escapes custodial sentence after court clears him of killing Mum-of-three

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Posted: 18 July 2008
by Visordown News

THE OFF-DUTY police officer whose motorcycle was involved in the death of a woman pedestrian has been cleared by a jury of causing death by dangerous driving.

PC Damien Myerscough, 42, was found guilty instead of driving without due care and attention.

Myerscough was fined £2,000, disqualified from driving for 12 months and ordered to pay £1,000 costs at Bolton Crown Court.

Lyndsay Oldham died instantly in the crash in Ainsworth, Bury, last year. On hearing the court's decision, her family said that justice was not done.

Myerscough was off-duty when his motorcycle hit a car that had turned across his path, Bolton Crown Court was told.

He hit the kerb and broke his leg, but his Yamaha R1 hit Oldham who was walking down the road with two of her children.

Andrew Nuttal, prosecuting, had previously claimed that Myerscough had taken a gamble when he overtook three cars.

Myerscough, an officer with Greater Manchester Police for 16 years, told the court that his speed on the 30mph limit had been around 33mph.

Judge Elliot Knopf said: "Nothing I could say, no sentence I could pass, could be seen by Mrs Oldham's family as an adequate response to their tragic loss.

He added: "A message must go out to road users that they have an obligation and duty to accept the responsibilities for their driving, to accept that they have duties, and to recognise a duty of care to other road users."

Myerscough made no comment as he left court.

In a statement, Greater Manchester Police said the officer had been on sick leave since the crash and not suspended from duty.

"He will now be subject to internal disciplinary proceedings," a spokesperson told the BBC.


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Discuss this story


luffy22
so a woman car driver kills a motorcyclist whilst reaching for some tissuesand not looking where she was going £280, motorcyclist kills a someone in an accident £3000 fine - shows what the justice in this country thinks of motorcyclists

Posted: 18/07/2008 at 12:40


AC
Agree your point but this was posted yesterday ... why were you absent? Do you have a sick note?

Posted: 18/07/2008 at 12:41


Big Nige

Reading the VD report it would seem to be the right judgement to me.

The death wasn't a direct result of an action of his more an indirect one and as such isn't specifically his fault.

If he'd lost control of the bike on his own and careened into the woman then the judgement would be different I'm sure.


Posted: 18/07/2008 at 12:44


Alan Haskins

Yeah, I think the right decision was reached.

Accidents are so called because they not a deliberate act. I'm sure we've all had avoidable spills, or at least come close. This guy now has to live with the woman's death on his conscience.

Still had no road tax, tho...(at least he had the decency to crush the bike himself).


Posted: 18/07/2008 at 13:11


AC
Alan - is that a new avatar? Why isn't the full size photo in your gallery?

Posted: 18/07/2008 at 13:36


Alan Haskins
On it's way

Posted: 18/07/2008 at 14:21


AC
Alan Haskins wrote (see)
On it's way


Taps foot nonchalantly ... tap ... tap ... tap ...

Nice slippers .... gift?


Posted: 18/07/2008 at 15:01


Alan Haskins
PM'ed it, mate. Is this the right time to ask what an avatar is? I'm only guessing at the mo...

Posted: 18/07/2008 at 15:31


AC

You got it right....

 ... and the comfy slippers?


Posted: 18/07/2008 at 15:32


Alan Haskins

Paid for with my own hard earned cash.

When I was 15 I was overrun by slippers, socks and hankies. Now I need 'em...


Posted: 18/07/2008 at 15:41


AC
What's the world coming to when a man has to buy his own slippers? I don't use them personally - I have a pair of Hugo Boss House Loafers .... slippers are so yesterday. Mind you, yours look nice. Are they sheepskin lined?

Posted: 18/07/2008 at 15:58


Alan Haskins
I had to have something to walk down the shops in. Can't be doing with pesky lace-ups at my age.

Posted: 18/07/2008 at 16:31


R1 loon

Risking the wrath of the VD crew here, but I'm going to disagree. I know the road he was riding on and to overtake a line of cars when the front one is turning right is a bit stupid to say the least.

His bike flew 26metres after the impact and he should be held responsible for the outcome of this.


Posted: 18/07/2008 at 18:52


sneakysam
I see he didnt even say sorry when he left court...that sums him up more than his shit riding!

Posted: 18/07/2008 at 19:46


Big Nige
R1 loon wrote (see)

Risking the wrath of the VD crew here, but I'm going to disagree. I know the road he was riding on and to overtake a line of cars when the front one is turning right is a bit stupid to say the least.

His bike flew 26metres after the impact and he should be held responsible for the outcome of this.

The article doesn't say that. It says:

his motorcycle hit a car that had turned across his path

granted that could be interpreted like you say but from the article alone, we don't know that.


Posted: 18/07/2008 at 20:02


gedge
Big Nige wrote (see)
R1 loon wrote (see)

Risking the wrath of the VD crew here, but I'm going to disagree. I know the road he was riding on and to overtake a line of cars when the front one is turning right is a bit stupid to say the least.

His bike flew 26metres after the impact and he should be held responsible for the outcome of this.

The article doesn't say that. It says:

his motorcycle hit a car that had turned across his path

granted that could be interpreted like you say but from the article alone, we don't know that.


R1 loon is correct other articles are clearer that the car that turned right was at the head of the queue that he was overtaking

Posted: 18/07/2008 at 21:03


Big Nige
Fair enough

Posted: 18/07/2008 at 21:11


K_D

So did this guy walk with no charges or did he plead to a lesser one?

And for R1 loons info ,if you do something reckless, and as a consequence of that act something bad happens,then yes you can be held responsible for the something bad happening whether you intended it or not.

Its easier to make stick north of the border where the laws are different.

Common Law

At common law, culpable and reckless conduct, which may, or does, cause injury to other persons may incur criminal liability. The degree of culpability and recklessness required to constitute the crime is an utter disregard of what the consequences of the act in question may be so far as the public are concerned.


Posted: 19/07/2008 at 09:00


R1 loon
K_D wrote (see)

So did this guy walk with no charges or did he plead to a lesser one?

And for R1 loons info ,if you do something reckless, and as a consequence of that act something bad happens,then yes you can be held responsible for the something bad happening whether you intended it or not.

Its easier to make stick north of the border where the laws are different.

Common Law

At common law, culpable and reckless conduct, which may, or does, cause injury to other persons may incur criminal liability. The degree of culpability and recklessness required to constitute the crime is an utter disregard of what the consequences of the act in question may be so far as the public are concerned.


That's what I said

And  he pleaded not guilty to both charges, on eof which he was cleared of - he was gound guilty of the lesser charge.


Posted: 19/07/2008 at 10:01


K_D

Sorry R1 it was big nige that said it wasnt specifically his fault,my apologies.


Posted: 19/07/2008 at 10:22

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