59-year-old Timothy Cale has been sentenced to 12 months in prison, suspended for 2 years, for causing the death of a cyclist in Shorwell more than 3 years ago.
Cale, formerly of Main Road in Shorwell, appeared before Judge Melville KC at Portsmouth Crown Court this morning (Friday) to learn his fate after being convicted of causing death by careless driving.
The father-of-4 was found guilty by a jury following a trial at the Isle of Wight Crown Court back in November, as previously reported by Island Echo.
The case related to a fatal collision that occurred on 5th June 2022, when Cale reversed his Land Rover Freelander out of New Barn Lane and into the path of 64-year-old cyclist and University of York professor, Simon McQueen-Mason.
The experienced cyclist was travelling down Shorwell Shute into the village when the collision took place at around 10:15 in the morning. He suffered a catastrophic chest injury and was pronounced dead at the scene.
During the trial, the court heard that Cale left the scene of the crash before returning on foot with his partner. He thought a tree branch had struck the vehicle. Drug and alcohol tests were negative.
The jury did not hear, however, that Cale’s Land Rover had failed an MOT test and should not have been driven. A report produced for the court by Hampshire & Isle of Wight Constabulary concluded the vehicle had been driven for just under 400 miles since its failure.
In interview, Cale told Police he had checked his mirrors before reversing and only moved a few feet before the impact. He claimed that parked cars made it difficult to use a usual turning area known as The Green, which led him to reverse out onto the road instead. He was turning the vehicle around to work on it – something Judge Melville said wouldn’t have been necceisary if it was kept in good condition.
Prosecutor Russell Pyne said the decision to reverse created a “catastrophic collision and the loss of a life”.
In sentencing, Judge Melville said that the death of Professor McQueen-Mason was a tragedy for him, his family, his partner and for all those whom he was a gifted scientist and a wonderful teacher.
Cale was handed a 12-month custodial sentence, suspended for a period of 2 years, with 200 hours of unpaid work attached. He was also handed a 3-year driving ban and ordered to pay a victim surcharge, but not costs.
So if he was driving the vehicle on a road without a valid Test Certificate, he would more than likely not have insurance cover as well.
Very true which might explain why he wasn’t made to pay damages or costs. It is so rare that we see these matters being taken to the end degree. Never do you see unlicensed or untaxed drivers being charged with insurance or tax offences. It’s almost like they just can’t be arsed.
Well done, Poirot. But surely you’re missing the point. He did something that caused a man to die. He needs more than a suspended sentence and a driving ban… That’s an insult to the cyclist’s family.
He will have to live with this for the rest of his life. Nothing could punish him more than that.
And nothing can bring Simon back to his family,he murdered a wonderful man in a vehicle that should not have been on the road,if he was one of the hunting,fishing brigade and so was the judge explains why no custodial sentence,he should be behaving d bars for twelve months at least!and questions need to be asked why CPS thought non MOT could be left out of the proceedings I hope the family appeal and get that sentence looked at
Like he cares? He didn’t care about driving an MOT failed vehicle which could cause injury or death.
I’ve noticed lately that we get fewer complaints about the nice easy sentences given out these days. I suspect that we are all immune to death and destruction being allowed whilst typing naughty words can get you 4 years. I wonder what outcome would have resulted if the Jury were aware that the vehicle had no MOT and had obviously been driven a fair amount? I understand the need to find excuses for behaviour like this, but surely the prof’s family deserve the full facts to be presented before a decision is reached? Maybe I am wrong, and I have no desire to cause any more pain, I just find it strange that this point wasn’t raised.
I entirely agree with you, all the relevant facts should have been made available to the jury it doesn’t seem right or fair to the family of the deceased gentleman to have this information omitted.
It’s not down to excuses, it’s down to proof. Can’t prove the 400 miles were on or off road. Can’t prove the possible whopping great lie that he was just turning it round to work on. Would form inadmissible evidence and not be presented to the jury. The judge knew though, and I’d say from the comment he was rightly miffed, but constrained by the sentencing guidelines. Had the git ever been clocked driving those 400 miles THEN had the accident, the book could have been thrown at him. Shame.
Back to the constant comment of naughty words. For the last time, it was inciting racial hatred. A bit like threats to kill. Would dismiss that as naughty words, would you?
Yes
Island Roads are not cycle friendly, yet they keep
encouraging cyclists.
WHERE ARE THE SAFE CYCLE LANES FOR CYCLISTS
Absolutely outrageous sentence, utterly disgusting
What ever the condition of the car you don’t reverse into a main road, that’s basic safety rule. If I have to drive a mile or more before I can turn around I do for exactly the reason that this case this about. The evil looking man seemingly generally flouts rules and should have been locked up for year like all killers and banned from driving for life. Despicable man.
He killed someone through carelessness, and used his vehicle illegally! Justice has not been served here!!
It does seem like a very light sentence having caused a death! I wonder what sort of sentence would have been dished out had a cyclist, riding an ‘illegal’ bicycle, killed a pedestrian by reckless cycling? Driving is akin to a religion in this country, there is a great reluctance to take ‘proper’ action against shocking driving offences! It all feels a bit wrong.
Why did he drive off only returning to the scene with his wife later? If he was going to work on the car where was he going? He went running to his wife & presumably they decided to come back as they reasoned cctv footage may have identified him. This is not justice. Full facts only came out later
The law is weak on the island, wouldn’t happen in
Leytonstone.