Patrick Kenny - CTC life member - killed on the A38 near Burton (22/1/11)
A MAN was today being quizzed by police after a cyclist was killed in a crash on the A38 near Burton.
The victim, whose identity has not yet been released, was pronounced dead at the scene by paramedics.
The tragedy happened at 1.45pm on the southbound carriageway of the A38 when his cycle and a blue 08-plate BMW were in collision at Claymills yesterday.
Police investigation teams sealed off the carriageway in both directions as experts tried to pinpoint the cause.
It resulted in tailbacks stretching as far as Derby, while roads in the Stretton area were brought to a standstill as motorists tried to find ways around the hold-up.
A spokesman for Staffordshire Police said: “The driver of the BMW has been arrested and taken to Burton Police Station for questioning.
A full investigation into the collision has been launched.” The Highways Agency website warned drivers that the closure was likely to last for several hours.
A spokesman for West Midlands Ambulance Service said paramedics did all they could to save the cyclist.
- UPDATE 2/3/2012
Andrew Mylrea, 46, an engineer for Rolls Royce, has been convicted by a jury of causing death by careless driving.
The fact that Pat Kenny had chosen not to use a cycle track on the far side of the road was stated by the prosecutor to be irrelevant.
Mylrea will be sentenced later in the month.
- UPDATE 2/4/2012
Andrew Mylrea has been sentenced to 150 hours community service, £3,500 costs and a 12-month driving ban. He will need to retake a driving test before he is allowed back on the road.
Judge Simon Tonking told the defendant at Stafford Crown Court yesterday: “This is not a case for a custodial sentence. I don’t think a custodial sentence would do anyone any good. I accept you are normally a careful and considerate driver. This was a complete aberration. Your carelessness was failing to see Mr Kenny and his bicycle.”
Judge Tonking said he had noted that a member of Mr Kenny’s family had said “it’s not so much that he made a mistake, but that he would not acknowledge it”. “I note from the pre-sentence report he has now acknowledged that he was in error.”
Sergeant Nigel Roberts, who investigated the collision for Staffordshire police, said: “Mr Kenny made every effort to be highly visible to other road-users and was wearing a high-visibility jacket and helmet cover with flashing LED lights on it. It is vital that all motorists drive safely and follow the rules of the road.”
Mr Kenny’s wife, Hazel, of Spring Lane, Whittington, said: “This has been an agonising wait for the whole family but we are grateful that justice has been achieved for Pat.”
This is another of the very few cases in which a case of ‘causing death by careless driving’ has gone to trial and a conviction secured.
Mr Mylrea has been sentenced and can count himself very lucky not to have received a custodial sentence given that he failed to plead guilty. Yet again a case of ‘causing death by careless driving’ is dealt with in an entirely lenient manner.