Thursday 19 November 2009

Cyclist killed on the Sustrans national cycle network

THE heartbroken family of a popular Clydebank College lecturer spoke of their "horror and anger" after the driver charged with causing her death walked free from court.

Underdown had just rounded a bend when his Seat Inca ploughed into the cyclists before plunging down an embankment. Elspeth was pronounced dead at the scene. The road - part of the Sustrans national cycle network - was slightly damp but weather and light conditions were good.

PC Euan Thomson, a crash investigator, said the van had mounted the verge then spun onto the opposite carriageway before hitting the cyclists.
The police accident report blamed Underdown for the accident, finding he "failed to maintain proper control of the vehicle" and concluding "his actions have been careless". An investigator also stated in the report that "there was no wrongdoing on the part of the cyclist".

Defending, Jamie Gilchrist QC, argued successfully in a legal debate that those parts of the report should not be seen by the jury, which returned a majority verdict of not proven resulting in Underdown's acquittal.