A MOTORIST, who collided with an elderly “passionate cyclist” causing fatal injuries, left the scene before the emergency services arrived and later denied being involved, a court has heard.

But a witness had taken down the registration plate of Stephen Shaw’s Vauxhall Corsa and the tragic incident was also captured on CCTV.

Shaw, 51, was due to stand trial on Tuesday accused of causing the death of John Dykes by careless driving but at the last minute he changed his plea to guilty.

Sentencing him to 24 weeks imprisonment suspended for 18 months Judge Clement Goldstone, QC, the Recorder of Liverpool, said that the 83-year-old victim was a great-grandfather who “lived life to the full.
“He was passionate about cycling and while indulging his passion, albeit with a little electrical assistance to which he was well entitled at his age, he met his death.

"It was caused by your carelessness in the way in which you drove your car when you had both been waiting for the lights to change.

“Quite simply, being aware of him and having seen him, you failed to give him a sufficiently wide berth when he turned effectively across your path from the cycling box.”

The judge said that afterwards Shaw returned to the scene “as if you were a complete by-stander".

He had shown remorse by his guilty pleas to failing to stop and failing to report the accident but it was only at the “59th minute of the 11th hour” that he admitted the manner of his driving.

He told Shaw that the public interest did not require him to be sent to jail immediately and instead suspended the sentence.

He ordered him to carry out 20 day rehabilitation activities and pay £500 towards the prosecution costs within six months, suggesting he could sell his 2009 registered car which is still in the possession of the police.

Judge Goldstone additionally imposed a curfew with electronic tag between 7pm to 7am for 12 weeks. “That is meant to infringe your liberty and it is to remind you, if reminder is needed, how close you came to a sentence which would have resulted in you going to prison immediately,” he said.

Ian Whitehouse, prosecuting, told Liverpool Crown Court that the incident happened on about 1.50 pm February 9 last year on Crow Lane East at the crossroads junction of Cross Lane and Belvedere Road, Newton-le-Willows. 

Mr Dykes was travelling along Cross Lane towards the traffic lights which controlled the crossroads junction on his electronically assisted pedal cycle and he stopped by the designated cycle box.

He was positioned to the left side of the box, designed as a safe place for cyclists, and Shaw also stopped at the red lights with Mr Dykes was slightly ahead and to his left.

As the traffic lights changed to amber Mr Dykes pulled forward. “The defendant pulled away at at the same time as Mr Dykes but the prosecution say the defendant failed to afford priority and sufficient time and space to the victim and thus prevented him from manoeuvring, positioning and indicating his intentions to other road users.

“Both vehicles as a result came together and the collision took place in the centre of the road. Mr Dykes fell to the floor and smashed his head with some force. He was not wearing a cycle helmet and he received a severe head injury. 

“He lost consciousness and unfortunately never regained it. He died on February 16 and the cause of death was severe blunt force head trauma,” said Mr Whitehouse.

Shaw drove off into the oncoming lane of traffic in Belvedere Road before eventually stopping and returning to the scene on foot. He did not speak to anyone or ask about the victim’s condition and left before the emergency services arrived.

Police went to his home at 4pm that day and denied all knowledge of the incident and claimed he had been at home all day but when the CCTV was mentioned he accepted his involvement.

When interviewed Shaw, of Maritime Close, Newton-le-Willows said he panicked when he saw the blood and Mr Dykes in the road and further panicked when the police arrived at his home.

He claimed Mr Dykes rode into his car without warning and had not indicated he was going to turn right.

In an impact statement the victim’s daughter Sandra Woods said the incident had had a devastating impact on the whole family particularly as they had not had the chance to say goodbye to him.

“He was a loving husband, father-in-law, grandfather and great-grandfather. His sudden and unexpected loss has impacted on generations of the family. He was known for being kind-hearted and generous.”

He had been a keen cyclist for 70 years and was a well known popular member of the local community, she added.

Michael Hagerty, defending, said that Shaw accepted his actions had caused the death of Mr Dykes.

“He offers to the family his most profound apologies. The affect of this will be long standing both on the defendant and Mr Dykes’ family and he understands that and it is a heavy burden he will have to bear for the rest of his life.”

He has no previous convictions and has COPD which restricts his mobility and he lives on state benefits totalling £209 a week.

Judge Goldstone told Shaw that the public interest did not require him to be sent to jail immediately and instead suspended the sentence.

He ordered him to carry out 20 day rehabilitation activities and pay £500 towards the prosecution costs within six months, suggesting he could sell his 2009 registered car which is still in the possession of the police.

Judge Goldstone additionally imposed a curfew with an electronic tag  between 7 - 7 am for 12 weeks.

“That is meant to infringe your liberty and it is to remind you, if reminder is needed, how close you came to a sentence which would have resulted in you going to prison immediately,” he said