Driver cleared of causing death of Lincolnshire motorcyclist
A motorist has walked free from court after being cleared of causing the death of a Lincolnshire motorcyclist.
Ian Duncan MacIntyre, 58, was driving his Jaguar XF sports car when he collided with a Ducati motorbike ridden by David Blackburn. It happened on the A155 at Hagnaby, between Alford and Sutton on Sea.
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Lincoln Crown Court
Mr Blackburn, 53, from the nearby village of West Keal, died as a result of the crash which occured shortly after 5.30pm on 9 April, last year.
The prosecution alleged Mr MacIntyre, from Foxton, Cambridgeshire, was driving carelessly when he pulled out of a staggered junction into the path of Mr Blackburn's motorcycle.
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But a jury at Lincoln Crown Court cleared Mr MacIntyre of causing Mr Blackburn's death by careless driving after hearing he simply did not see the motorbike coming.
Mr MacIntyre was discharged from the dock after after the jury took just minutes to return their not guilty verdict at the end of a three-day trial.
The jury heard Mr MacIntyre, who was travelling with his wife, described the sun as low and blinding when he looked to the left asMr Blackburn rode along the A155 from west to east.
Robert Underwood, prosecuting, said: "On April 9 2011 at about 5.35pm David Blackburn was riding his Ducati motorbike. That motorbike automatically had illuminated it's front light.
"The weather conditions were dry, the sun was bright, the sky was clear blue.
"Mr MacIntyre was the driver of a Jaguar motor car. His intention was to cross that junction and continue along that road, but as he pulled out of that junction the Ducati ridden by Mr Blackburn collided into his car."
Mr Blackburn, who was travelling along the A155 between the villages of Eat Kirkby and East Keal, suffered fatal injuries.
The jury were told to consider the position of the sun at the time of the collision. Mr Underwood told them: "How low in the sky was the sun? How bright was that sun?
"What kind of impact did that have on Mr MacIntyre when he emerged from that junction."
Mr MacIntyre, of Shepreth Road, Foxton, Cambridgeshire, denied acharge of causing death by careless driving.
Comments
by cloudstarer
Friday, October 12 2012, 11:47AM
“So "sorry mate I didn't see you" is a valid defence for killing a biker is it.
I think I'll lock mine away
I've had several people stare at me as I approach junctions, while travelling within the speed limit I might add, and then pull out at the last second with a huge smile, giving me a tank ******* moment to avoid them.
I watch for these drivers and make very sure they have a wide berth, it still doesn't stop them trying, I'd say there's probably two per year over the last eleven years of riding that have done this.
If I don't at least wobble then the look of disappointment is tragic, I think they forget I can see their faces.
If they find out they can actually kill bikers and get away with it by using SMIDSY there won't be any bikers left.
Maybe I should get a helmet camera.”
by tuftytoes
Saturday, July 28 2012, 10:28AM
“CPS didnt prosecute Police after an accident that killed Matthew Tuffin, why because they said there was not enough evidence.
Big joke 1000+ people have ben killed after POLICE CONTACT SINCE 1990 !! not 1 Police person has been convicted of any thing SURPRISE SURPRISE... lost all trust in the Police ...
Matthew Tuffin was MY SON ANDWE LOVE AND MISS HIM EVERY DAY”
by Adrian1208
Monday, July 16 2012, 10:57PM
“Derp_Lincoln, Maybe it is time to put this one to bed on here.
Just remember Mr David Blackburn's family will never be able to put this one to bed for as long as they live...
RIP David Blackburn”
by Derp_Lincoln
Monday, July 16 2012, 9:35AM
“"Yawn, time to put this one to bed"
Yes, and what better way to do that than commenting on it and dragging it up into Monday's news stories? Herp derp derpity derp!”
by adamcayhall
Monday, July 16 2012, 8:06AM
“Yawn, time to put this one to bed”
by nigelsparky
Sunday, July 15 2012, 6:36PM
“Good job you know me better then, otherwise I'd have to mention 'stones and glass houses'”
by Fragpig2
Saturday, July 14 2012, 8:56PM
“@nigelsparky
CPS don't always go for a prosecution for a ROWV, i know this for a fact, as it has happened to someone at work. You seem to be just arguing the toss. If i didn't know better, i'd say you were a troll”
by nigelsparky
Saturday, July 14 2012, 10:14AM
“gsx1100 the problem with ROWV's is that although the CPS will always go for a prosecution regardless, there are nearly always other factors involved, and in my experience, which is borne out by various statistics, speed is a contributory factor, along with visibility road conditions etc. These factors will be used by the defence, and in some cases,the prosecution, in any trial.
That is why I was trying to appeal to everyone, granted not very well perhaps, that everyone has a duty to take care on our roads. Bikers please slow down at junctions etc. Car drivers look harder for the bike at junctions. The bit I put in regarding time and distance is very relevant for everyone to try and give a perspective of just how quick speed really is. In no way was it meant to be condescending and I apologise for that.
If all road users were to see the immediate aftermath of these tragedies as I have, then I think maybe everyone would take more care on our roads.”
by gsx1100
Saturday, July 14 2012, 9:35AM
“"Hence no mention of speed in the Echo's report"
That is why your post on Thursday was criticized, because of your insinuation that speed was a factor involved.”
by nigelsparky
Saturday, July 14 2012, 9:24AM
“and as for the idiot that said As for speed, "yes" motorcycles are fast, that's all part of the thrill! I trust that he gets his thrill at Cadwell Park and not on the highways”