Tractor collision with cyclists trial in Cornwall verdict

Michael Joseph Pearce, aged 76, of Newmill, near Penzance, appeared at Truro Magistrates' Court today (Friday) on one count of allegedly driving a mechanically propelled vehicle on a road or in a public place without due care and attention after a collision with two cyclists left one 'critically' injured.

On the second day of the trial, the court heard from a final Crown Prosecution witness, Deborah Corbett, who had been cycling on the same road at the time of the collision.

Corbett told magistrates that the road had a lot of "blind bends" and that it was "very narrow and windy".

She continued: "On the other side of the blind bend I could see a tractor coming down the hill."

As the tractor passed Corbett, she described looking into the driver's cab and told the court how she believed he had seen her before continuing on.

After the tractor disappeared behind a number of trees, Corbett then described looking down the side of the tractor and saw a woman who was holding her arm.

She described how she had gone to investigate what was going on and came across the scene of the collision.

"It was a horrible scene," said Corbett, "in the middle of the road was a man in a terrible state.

"He had bad bruises down to his knees and there was someone holding his neck up.

"He looked very badly injured."

The defence then heard from Mr Pearce who had been transporting pallets to a riding stable at the time of the accident.

Pearce told magistrates how he was very familiar with the road and that it was quite typical to see cyclists and horse riders on it.

He went on to explain that the first time he noticed the riders was when he spotted the colours of their clothing.

Pearce said: "I couldn't see how many there were but I could see them.

"I think I estimated (they were) about 50-70 yards away.

"When I got there it was five or six miles per hour."

Pearce then explained how his braking had been done through gear changes in order to slow the tractor down and that, in order to accommodate turning the trailer the tractor was pulling, he had pulled out slightly.

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"When you've got a tractor and a trailer, its wheels don't follow your wheels round the corner, so you pull out, you're going slow.

"By this time I'm right into the left-hand side and the wheels are in the ditch.

"That's just normal practice.

"I heard a scream then stopped.

"My estimation was there would be plenty of room for them.

"When the last bike went passed I was looking in the mirror to make sure everyone was alright.

"That's when I saw his arms and I thought 'what's going on here?'

"I sincerely think there was sufficient room for them to pass me, I don't know how they collided with me."

After Mr Pearce's evidence, the defence called in an expert, Philip Rowan-Smith, who had examined the scene of the collision using 3D laser modelling technology to create a model of the scene and the tractor.

Using the model, Rowan-Smith concluded that there had been sufficient space for the parties to pass and that a small amount of yellow transfer on the brake handle of one of the bikes had come from "contact between the bike and the trailer wheel" and explained that it could have occurred "as the bike had already gone to ground".

Based on his inspection of the scene and subsequent modelling, Rowan-Smith also told the court that Nick Saffin "must have moved towards the wheel of the tractor".

"I can see no other explanation."

In its closing statement, the Crown Prosecution Service said: "The other witnesses' decisions to stop is telling of what a competent driver would have done.

"The defendant accepted that it happened very quickly.

"The tractor was approaching too fast to be able to pass.

"Mr Pearce's driving caused the collision either by driving or leaving a lack of safe space to pass."

In its closing statement, the defence said: "I do take issue with the summary of evidence.

"When you analyse the evidence it doesn't fit with what the Crown is inviting you to find.

"The evidence of the expert is not based on some flight of fancy or some idea he's got himself, it's based on the collision scene.

"It shows that there was sufficient room.

"There must have been movement laterally by the cyclist.

"There are things that are called accidents.

"It doesn't follow that someone has committed a criminal offence."

After a short recess, magistrates said: "The evidence cannot satisfy us that Mr Pearce can be held criminally responsible.

"We cannot say beyond reasonable doubt that Mr Pearce is guilty of criminality."

The court found Mr Pearce not guilty of driving without due care and attention.

However, Mr Pearce had previously pleaded guilty to one charge of using a motor vehicle or trailer in a condition likely to cause danger of injury and will be sentenced for this at a later date.