Gail Purcell cleared of driving carelessly in central London after Cycling UK fund brought prosecution against her

This article is more than 3 years old

This article is more than 3 years old

A woman accused of knocking down and killing a cyclist has been cleared of careless driving following a crowdfunded private prosecution.

Gail Purcell, 59, allegedly failed to spot Michael Mason, 70, as he rode along Regent Street in central London.

Her car hit Mason, and he was thrown into the air, landing head-first in the road, the court heard. He never regained consciousness and died days after the collision in February 2014.

The jury at the Old Bailey took 17 minutes to clear Purcell, of St Albans, of causing death by careless driving.

Cycling UK’s Cyclists’ Defence Fund (CDF), said it had taken up the case after the Metropolitan police refused to refer it to the Crown Prosecution Service for advice on whether to charge Purcell.



The organisation brought the prosecution with support from more than 2,000 people who donated more than £80,000 to help fund the case.



Anna Tatton-Brown, Mason’s daughter, said: “My family and I respect the decision the jury have reached, although we are obviously disappointed.



“It seems that failing to be aware of what’s in front of you while you’re driving is an acceptable mistake, not careless, and that no explanation for that failure is necessary.



“We do, however, draw some comfort from the fact that the evidence was finally put to a jury, something that should have happened long ago. It should not have taken the intervention of CDF, and the support of many members of the public, to bring this case to court.

“Given that the judge accepted that there was a case which the jury had to consider, we would hope that the police will now conduct a review into their investigation, their rush to blame the victim, their refusal to seek CPS advice, and consider what lessons might be learned.



“My family would once again like to express our sincere and grateful appreciation for all of the support we have received in our search for justice for my much-loved dad.”



Duncan Dollimore, spokesman for CDF, said: “While we accept the jury’s decision, CDF are disappointed and concerned about the message this conveys to the general public regarding driving standards.



“Careless driving is supposed to be driving which falls below the standard expected of a competent and careful driver.



“If failing to see an illuminated cyclist on a well-lit road is not careless driving, and no explanation for that failure is required, that reinforces the arguments Cycling UK has made through our road justice campaign for many years: namely, the definition and identification of bad driving offences needs urgent review.



“Notwithstanding the jury’s decision, we believe it was right to bring this case to court given the Metropolitan police’s unwillingness to do so.”

The four-day trial is believed to be the first case to be paid for through crowdfunding.