Facebook fundraising page calls for justice for tragic biker (From Thisisdorset)
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Facebook fundraising page calls for justice for tragic biker
11:00am Saturday 2nd March 2013 in Latest By Paula Roberts
TRAGIC: David Bartholomew who died after a motorcycle accident on the A31
A FACEBOOK fundraising page has been set up calling for justice for a motorcyclist who died in a fatal crash in Dorset.
Father-of-two David Bartholomew suffered fatal injuries in the collision with a Peugeot 206, being driven by a Dorset Police special constable, on the A31 Ferndown bypass on March 20 last year.
An inquest heard that Collette Carpenter was talking on her mobile phone, which was positioned on her lap, when the collision happened.
Accident investigator PC John Hayward told the hearing: “The use of her mobile phone can only have been a distraction and has very likely contributed to her not seeing the motorcyclist.”
Details of the case were submitted to the Crown Prosecution Service by Dorset Police but Miss Carpenter was not prosecuted because the CPS said there was “insufficient evidence”.
Miss Carpenter has since resigned from the force.
Now the ‘Justice for David Bartholomew’ page has been created to allow people to voice their opinions on the issue and collect funds for a possible private prosecution. To date more than 3,500 people have shown their support to the page It was set up by biker Gary Medland, who lives in Bicester, and wanted to help the family.
“On the first day we got 1,200 likes which I was totally taken aback by.
“Since setting up the page, I have had a number of enquiries about how people can donate money to the family if they wish to go down the private prosecution route and we are in the process of trying to get that sorted.
“Any money we have left over will go to the Dorset and Somerset Air Ambulance which David was very keen on.”
Mr Medland said he was also in the process of setting up an e-petition calling for action from the Government.
And he said he and David’s family were keen to emphasise their support for Dorset Police.
“Our frustration is with the CPS who won’t prosecute unless they have a 100 per cent chance of winning – even if prosecuting is the right thing to do,” he added.
David’s son James said the family had been “overwhelmed” with the response from the public.
“The outcome of this case raises a lot of questions about that area of the law.
“We are exploring the issue of a civil prosecution and have received offers of help and support from barristers and solicitors.”
Comments(7)
Lewcee
says...
8:59pm Sat 2 Mar 13
yasinac
says...
10:56pm Sat 2 Mar 13
The family are quite within their rights to bring a private prosecution if that is their wish. If the page encourages just one more person 'thinks bike' whilst behind the wheel or the family gain some feeling of support or understanding for their grief then that can only be a good thing.
yasinac
says...
11:05pm Sat 2 Mar 13
Derf
says...
11:02am Sun 3 Mar 13
A successful private prosecution would not necessarily bring closure as there will be a small probability that the phone call did not cause this death.
The coroner listened to evidence from witnesses that were at the scene at the time who stated the accused pulled out correctly and safely, and also that the deceased was 'filtering'. All these factors were weighed up and the conclusion was the death was accidental. I appreciate that may not be a satisfactory outcome for the loved ones of the deceased, and I myself would be rather angry about it had it involved someone I held dear, but it would seem they are the facts of the case when looked at objectively and without applying emotion.
If the accused were to be prosecuted fairly, surely her punishment should only be £60 and 3 points.
Gordon Clifton
says...
3:17pm Sun 3 Mar 13
Dont drop litter
says...
12:45pm Mon 4 Mar 13
Derf wrote:£60 and three points for killing someone? That is the fine for being cought using a mobile phone whilst driving. If you apply your logic, a driver who kills a person whilst being drunk in charge of a car should only receive a 12 month driving ban.
A private prosecution is based on probability, not beyond reasonable doubt.
A successful private prosecution would not necessarily bring closure as there will be a small probability that the phone call did not cause this death.
The coroner listened to evidence from witnesses that were at the scene at the time who stated the accused pulled out correctly and safely, and also that the deceased was 'filtering'. All these factors were weighed up and the conclusion was the death was accidental. I appreciate that may not be a satisfactory outcome for the loved ones of the deceased, and I myself would be rather angry about it had it involved someone I held dear, but it would seem they are the facts of the case when looked at objectively and without applying emotion.
If the accused were to be prosecuted fairly, surely her punishment should only be £60 and 3 points.
The law on the use of mobile phones when driving is clear. Holding it in you hand using the speaker rather than against your ear, or laying it on you lap / dashboard does not qualify as a 'hands-free' device.
One thing that this facebook petition should change is further clarity of the law and hopefully may be a further step ptowards an outright ban on using a phone, hands-free included, whilst in control of the vehicle.
Derf says...
1:49pm Sat 2 Mar 13
A private prosecution will not bring the deceased back, it won't change the way the CPS works, and it won't change the verdict of accidental death. All it will achieve is forcing the accused into bankruptcy as she won't be able to pay any punitive damages. That's not justice for the deceased, it's revenge.
The loved ones will be no better off than they were beforehand.