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Bicycle Victoria calls for investigation

29 Apr, 2009 11:23 PM
BICYCLE Victoria is calling on the attorney-general to investigate comments made by a magistrate during a hearing in Ballarat.

Magistrate Terry Wilson described cyclist William Angel, 56, as "an accident waiting to happen" when he was knocked from his bike and suffered a broken back in Delacombe last year.

During the contested hearing on April 1, Mr Wilson dismissed a careless driving charge against Kerri Lee Jasper, 34, of Smythes Creek.

Bicycle Victoria spokesman Garry Brennan described the magistrate's comments as disparaging.

He said the organisation had last week asked the attorney-general to investigate the comments.

The prosecution submitted during the hearing that a headlight was not relevant because Mr Angel was hit from behind.

The defence counsel had told the court that a cyclist riding in darkness required a headlight, rear light and reflectors on the bike.

After the one-day hearing involving six prosecution witnesses and two defence witnesses, Mr Wilson found Mr Angel failed to equip his bike with the requirements.

"Although evidence was before the court that Mr Angel had a flashing rear light, was wearing a yellow vest and reflective shoe covers (but no front light), the driver Kerri Lee Jasper, 34, said she did not

see the rider, who came out of nowhere," Mr Brennan said.

"It has previously been assumed that the purpose of the rear light was to be seen from behind and the purpose of the front light was to be visible from ahead.

"If this previously accepted logic has been reversed by the courts, then bike riders would appreciate a full explanation."

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