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I filmed a driver threatening to kill me but CPS dismissed the case, says cyclist barrister
Ross Lydall26 Nov 2010
A BARRISTER who filmed a car driver threatening to kill him as he cycled to work has complained after prosecutors refused to take-up his case.
Martin Porter QC recorded the confrontation with the motorist — and the numberplate — on a helmet camera and submitted the evidence to police.
But he was infuriated after a Met officer told him the case was being dropped because the Crown Prosecution Service believed it was unlikely to secure a conviction.
Mr Porter, 48, said that it was wrong that officers had even failed to question the driver — as this could have resulted in him admitting his guilt after being told the confrontation had been caught on film.
The incident happened as Mr Porter cycled along the A315 Staines Road in Hounslow on November 4. He races bikes as a hobby and often cycles the 30 miles from his Sunningdale home to his chambers near Temple.
As he approached a central reservation, Mr Porter moved into the centre of the lane to prevent any vehicles squeezing past and risk knocking him off. But this annoyed the driver of a Volkswagen Golf, who sounded his horn and screamed insults from an open window.
Mr Porter recalled: “As I'm going through there he comes up from behind and starts honking. Initially I couldn't really make out what he was saying to me, although he wasn't very polite.
“I was saying to him it wasn't a good place to overtake. He zoomed off, I overtook him at a traffic queue, then he came past me again, probably about four miles down the road. That was when he drew up alongside me, wound his window down and said he was going to kill me.”
After catching up with the car at traffic lights, he got the driver to confirm the threat to kill and was told by him: “You're a f***ing little ****, mate.” The car then sped off.
Mr Porter, who writes a blog called The Cycling Lawyer, began recording part of his journey on camera after experiencing repeated “aggravation” from drivers on the suburban section of his trip.
He said it was “very difficult” to get police to take an interest in the case, despite submitting the video evidence, which he has also posted on YouTube. “I don't think people who don't cycle appreciate how much gratuitous aggression there is out there directed at cyclists.”
He has written to the head of the Crown Prosecution Service in west London to complain at the failure to even consider issuing the motorist with an £80 fixed penalty under the Public Order Act.
Mr Porter said: “He is probably guilty of a more serious offence, including a threat to kill. I would have been content for him to be charged with the lesser offence of threatening behaviour. I can't understand why it's constructive to do nothing.”
Reader views (47)
The motorist has now been convicted and fined. A 14 month battle complicated by the police assurances to the offender that he would not be prosecuted.
- Martin Porter, London, 19/01/2012 11:47
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It's interesting to see the bigotry against cyclists that some of the commentators have.
We are discriminated against because we are 'other' - we are not the same as 'normal' people - that is 'normal' people drive cars.
So, we are inferior, because we are 'other', and we should be 'put in our place'.
That is why there is abuse on any story like this. We are easy targets - the bigots can't abuse other races or women on these forums, so we get it instead.
That is our society - really, it is very pathetic.
- Chris, Birmingham, 30/11/2010 18:45
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This guy in the Blue VW can clearly be identified, including the threat to kill a cyclist.
So why is he not being held to account by the authorities?
Loads of people moan about how people will not cycle, now you can see what needs to be done to deal with these attempted murders
- John, Gods own County, 28/11/2010 16:24
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I fervently hope that Mr Porter manages to get this matter taken seriously by the CPS and action taken against the driver concerned. However I suspect that will require someone to take note of the appalling record of incommptence of the local CPS office in Hounslow.
It is all too rarely that we see the police or courts system taking motoring offences seriously enough, despite the well known correlation between gross infringement of motoring law and criminality in a wider sense.
Evene where drivers kill, we rarely see effective sanctions. The lorry driver killer of Eilidh Cairns got off with a £200 fine. Martin Putz, killer of Catriona Patel, got half the maximum sentence available for his crime despite his incredibly long list of convictions and jail tems for other motoring offences. Putz' employer, Thames Materials, does not so far seem to have been exposed to action for corporate manslaughter despite that company's shocking record of infringements over many years.
Good luck with your campaign, Mr Porter.
- Paul M, London UK, 28/11/2010 14:32
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I know exactly what it's like to be at the receiving end of many insults from motorists. I commute from South Croydon to Mansion House and generally speaking the motorists are OK, they respect my space and vice versa... but sometimes you do get the odd one that hasn't a clue.... in those cases they should be prosecuted! I might even get a camera myself now! Martin, please keep up the good work and pursue this aggressor!
- John Gargan, South Croydon, 28/11/2010 08:56
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My heart bleeds for my learned friend
- Nick, Wembley, 27/11/2010 23:36
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There are ignorant and dangerous cyclists, there are ignorant and dangerous drivers. I would on the whole think that cyclists are generally more aware of their immediate surroundings since they are not insulated from them. But the one thing that I would not condone is when a driver / cyclist loses their temper and that is when people (both cyclists and drivers alike) get hurt. If you can't control your emotions you have no place on the road ... in any capacity.
- james, southampton uk, 27/11/2010 21:05
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Mr Porter was riding perfectly safely and ends up receiving a torrent of threatening abuse from someone who takes the trouble to slow up their car, draw alongside him and continue abusing him. The driver of the car probably ( incorrectly ) believes he was in the right.
Shame on the CPS.
- James S,, Sunninghill, Berkshire, 27/11/2010 18:58
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Coming into this item late i am seeing a lot of comments from people with bias !
As an active cyclist i ride the roads and the trainer indoors when there is snow on the road as today in Austria.
Have ridden in the UK and elsewhere and enjoyed catching up with Taxis and asking the driver if the passenger is ehjoying their "bullying other road users"?
Drivers in their "Coffins on wheels" rarely think about what is going on around them from the moment they strap on their vehicle until the time they step out again ! Rarely do they consider others as they rush through their day, forgetting that a "Driving license" is a privelege not a "right".
Laws? What Laws ? Laws don't apply to me ! "I am a safe driver we all tell ourselves" and we look in the rear vision mirror to make sure that it is not "Old Bill" on our rear end or that the yellow box and lines in front are not Speed cameras and watch for any indication that there is not Police Control ahead as we drop the mobile phone so as to scratch the ear to avoid being pulled over.
Come on everyone WE ALL break the law each and every day whether motorist, cyclist or pedestrian but do we all threaten others ?
Bullies threaten and there is an element of society that is dispicable and deserves to be dealt with and that is where the Police and CPS SHOULD be acting intelligently on OUR behalf. Evidence collected in any form should be examined and used.
Refusing to use evidence is not acceptable in our society !
- skippy, expat aussie in europe, 27/11/2010 17:00
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I think the basis of Mr Porter's indignation towards the CPS is essentially founded on the very reasonable deduction that inconsiderate and aggressive driving, particularly in the presence of cyclists, is as prevalent as it is in our country precisely because the law does NOT regard it seriously enough.
Furthermore, it is a sad reflection on human nature that all those pusillanimous representatives of the kneejerk anti-bike lobby who have thought fit to post abusive, sneering and self-righteous comments on here are emboldened to do so by this self same laxity on the part of the Law.
As long as the law continues to tell drivers that injuring or killing cyclists is of little account, the minority of aggressive drivers on our streets will continue to be a menace.
- Feng Li, Manchester, 27/11/2010 15:27
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Lets get some things straight here.
I have seen the video on youtube. The driver deliberatley aims his vehicle at the guy on the bike and definately threatens him verbally.
The cyclist did absolutley nothing wrong, he infact rode according to National Standards (or Bikeability) during and before the event - this is Government and DfT approved cycle training.
As a road user myself, why should law abiding people have to put up with this kind of nonsense? To moan about red lights and pavements is a bit off, and devalues a point that could make change for us all.
To say that a road user has "no grounds to complain" because others who are simply using the same type of vehicle is also rediculous. By that measure a driver would be in the very same boat and those that have made such comment need to have a little think about their though process.
We are all entitled to safe and considerate road use.
- DJC, Hampshire, 27/11/2010 09:38
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It is sickening that the CPS refuses to treat this kind of incident seriously. It says something about the culture of entitlement, aggression and stupidity amongst motorists that so many cyclists feel the need to film their riding for use as evidence. This is the situation we end up in when motorists are pandered to and subsidised by the government to the extent they are in Britain; people in cars end up believing that they have the god-given right to get to their destination as fast as possible and that the endangering the lives of others in the process is acceptable behaviour.
As for the unsympathetic motorist commenters, surely you do not want to be driving on the same roads as the idiot motorist in the video, even if you do have a couple of tonnes of sheet metal to protect you. Remember that you are also vulnerable to other motorists like this scumbag during those few metres of walking you do between your front door and getting in your car.
- Mr Colostomy, Manchester, UK, 27/11/2010 00:06
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What this shows is that the police/CPS in Hounslow don't care about people making death threats in the area. Because someone in a car making a death threat on camera is exactly what got recorded. Yet they do nothing. This isn't surprising, but it should embarrass them.
Other car drivers may dismiss this, but think about the golf driver -do you think he's a safe driver? Because he looks a hazard to everyone -and he seems likely to start a fight with anyone he's in a collision with.
- Steve, Bristol, 26/11/2010 20:55
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Good on you for highlighting this case. To those who claim for whatever twisted reason that 'he deserved it' you merely prove the point. No one deserves to be threatened in that way for merely using the roads. And that applies whatever form of transport they are using, quite aside from the fact that, if you take the trouble to look at his videos he clearly rides carefully and responsibly.
- Andy, Stratford, 26/11/2010 20:08
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Hey Sam - "Would his video evidence be admmissible.. if it was obtained without consent" ar you kidding me? What do you think CCTV evidence is then?
Hey SEJ016 - have you watched the video? Have many cyclists made explicit, and repeated, threats to kill you? Would you regard such threats as credible when you are in a car and they are on a bike? Would you consider such threats to be credible from a car driver when you are on a bike (1.5 tonnes of metal v soft body)? Go figure.
There is certainly some bad cuycling behaviopus out there but bad driver behavous is just as prevalent but our society seems to accept it - mobile phones, speeding, drunks, visually challenged drivers who could get glasses but can't be arsed.
The level of ignorance and bigotry displayed by most posters here is really quite breathtaking
- Paul M, London UK, 26/11/2010 20:01
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To Sam. about the legality of using a camera to record an incident and using it as evidence.
Using a camera whilst cycling falls under section 36 of the data protection act. This means that you do not require consent from the other parties to film them.
Making recordings whilst commuting is perfectly legal!
- Gaz, Croydon, 26/11/2010 19:56
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Firstly why is this jerk wearing a "helmut camera" Does he go home every night and watch his journey to work in its entirety?? Or does he use it because he likes to provoke other road users and film their reactions for kicks? Secondly who the hell is he to decide where Car Drivers can overtake. Is he a Policeman as well?? Its these type of idiots that give cyclists a bad name. About time he hung up his bike chain in my opinion
- Dan, London, 26/11/2010 18:47
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Cyclists are some of the most aggressive, self-opinionated and law-breaking road users I have ever had the misfortune to encounter.
- SEJ016, Down South, 26/11/2010 18:19
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Would his video evidence have been admissible as evidence considering it was filmed without the other party's consent?
In which case would it be legal to elicit a confession from the perpetrator on the basis of inadmissible evidence?
I'm sure he, as a barrister, knows the law better than me but it doesn't sound right to me.
Also, the fact that he approached the driver for a second time to deliberately encourage him to repeat his threat would also surely undermine the case.
The driver's an ignorant thug, but he was just sounding off. The barrister should've told him where to stick it and moved on.
To pursue criminal proceedings over some hollow threats IS a waste of police time and if everybody did the same then the courts/police would never have any time for more serious cases.
- Sam, London, 26/11/2010 18:08
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Oh Come on can't we get Boris involved in this one.?
- davey-buoy, Chertsey, 26/11/2010 18:06
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Aside from some of the idiotic comments above (I'm surprised you even read!) there are solid points raised, like the wanton carelessness of so many cyclists. But hey, the same can be said about drivers and pedestrians, so is it ok to abuse and kill them? The fact here is that a seemingly sensible chap was apparently threatened without reason and is attempting to have the matter addressed. And with his camera footage as evidence why not? I've not looked, but if, as he says, he's posted the exchange on YouTube, then we all get to see the berk in the car. Mind, now that fool knows who had outted him and is likely pissed at being exposed, he may decide to kill this gent after all. Possibly then someone will do something.
- Wayne, Fredericton, Canada, 26/11/2010 18:03
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Frank - you are obviously incapable of answering the question
- Paulo, Richmond, Surrey, 26/11/2010 17:47
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until they stop breaking the law cyclists have no grounds to complain. In this case the cyclist was able to egt the details of the car driver: regrettably when cyclists thraten pedestrians theres no way to track them down. cyclists know this which is why they can and do break the law. they are a bunch of cowards.
- mark city, london, 26/11/2010 17:04
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He looks threatening enough with that yellow jacket and the stupid hat.
- davey-buoy, Chertsey, 26/11/2010 16:04
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@ Paulo, Richmond, Surrey
You obviously do not understand the topic.
- Frank, Home Counties, England., 26/11/2010 15:28
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Mr Porter's efforts should be lauded. Who better than he as spokesman for the masses who feel nothing is ever done in today's Britain to prosecute the wrongdoer?
- John Doe, London, 26/11/2010 15:26
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Please sir, a big man "threatened to kill me",
-No son, -you got a mouthful from an ignorant irate car driver. -A risk faced by all who cycle in the busy traffic lanes of London.
Be fair, there's more risk of serious injury just by cycling on main roads,- than from any amount of 'loud-mouthed bullies' -safe behind the wheels of cars.
- Huggy, Cumbernauld Scotland, 26/11/2010 14:14
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So a senior barrister posts his evidence on You Tube and is upset because the CPS do not prosecute. Something about publicity and prejudice I think.
- BJ, East London, 26/11/2010 13:30
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Aero, London - Stop talking dribble you 'tard. I watch drivers speeding, using their mobile while driving, jumping lights, bullying cyclists.....etc..every day. Many of them too! But of course many a motorist thinks they own the road, so would be blinkered to this observation.
- Dom, London, United Dustbin of Europe, 26/11/2010 13:24
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Frank - exactly how is this specific barrister "part of the problem" you uneducated plank?
- Paulo, Richmond, Surrey, 26/11/2010 13:03
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Aero, London, 26/11/2010 11:52
You have to be a complete plank to drive from SW London to the city each day. Its people like you that need to be heavily taxed. And to say that more cyclists break the law than car owners is complete rubish that you have just made up. I would much rather take my chances with a push bike than a car anyday.
- Dc, London, 26/11/2010 12:53
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The CPS are a joke. I have friends in the police who have told me many cases are dismissed or not heard because quite often the CPS cannot be bothered to show up at the court or lose paperwork.
- Paul Humphreys, Essex, 26/11/2010 12:49
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So the courts have time to convict someone who makes a joke on Twitter about blowing up an airport, but they don't have time to take matters further when someone on video makes a very real threat to kill someone?
The world really has gone mad...
- Mark Lee, Vauxhall, 26/11/2010 12:35
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Stop arguing you lot. This is not a cycle verses car issue.
It is the governments complete lack of attention to cycle lanes.
The gov/media are creating a 'divide and conquer' mindset so you don't see the real issue - LACK OF CYCLE PATHS!
- bobby (a car driver), berks, 26/11/2010 12:27
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A barrister riding a bike to work?
And I thought barristers could easily afford chauffeur driven Bentleys, with the sort of fees they charge. Surely it must be the recession.
- John Smith, Londonistan, EUSSR, 26/11/2010 12:17
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What a load of tosh Aero. I see car drivers breaking laws all the time, whether they are using their mobile phones, rushing through lights after they have gone red, performing illegal u turns or blocking the ASL. The roads are an extremely hostile place for cyclists and the laws as they stand offer scant protection to vulnerable road users. Recent research has shown the motorists are responsible in around 90% of accidents involving cyclists, so rather than get hot under the collar around law breaking cyclists, it would be better for all if law breaking motorists were brought to book. And just remember around 15% of drivers on our roads have no tax and no insurance. That's over 2 million, far more than the number of cyclists in the UK.
- Lucy, Hastings, UK, 26/11/2010 12:05
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As a law-abiding female cyclist who commutes across London daily, I completely empathise with the cycling lawyer's frustration. Every day I am forced to take evasive action due to the behaviour of drivers that couldn't care less for the safety of more vulnerable road users. Just this week, I have had to jam on my brakes as someone decided to turn one way and then immediately change their mind and drive straight at me, I have also been forced into the middle of the road several times by cars pulling out from side roads expecting me to somehow get out of their way - and in each case I have received a barrage of unpleasant abuse and threats from the driver - despite it being their mistake. I am constantly bullied and intimidated on the roads - as a small woman I also have no defence should someone choose to physically get out of their cars or use their vehicle as a weapon, and believe me it happens.
- Ruth, London, UK, 26/11/2010 12:00
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The fact remains that a minority of cyclists continue to ignore basic road laws such as shooting through red lights, not stopping at crossings, no lights at night, cycling on pavements etc which creates bad feelings with car drivers. I drive to work everyday from SW london to City and I reckon at every traffic light at least 4 or 5 cyclists out of 10 go through reds. Why? Because you dont want to lose the "momentum" you have built up by stopping and starting again? I'm sorry but thats part of cycling and not an excuse. If drivers flouted the road laws in the same way we would have total chaos on the streets and the Police would have a full time job enforcing road laws. So why do cyclists think its fine to do so and then when challenged by drivers become the most aggressive human beings you've ever met? Car Drivers v Cyclists is a tit for tat debate and has been running for decades but cyclists break more road laws every day and get away with it. Until they stop that or its enforced better there will always be this bad feeling between the 2 groups.
- Aero, London, 26/11/2010 11:52
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My goodness, if the state prosecuted everyone who threatened to kill, how many people would be in the courts! Sadly, in the interests of political correctness, such verbal abuse has long been tolerated and now it is 'contaminating' wider society, including that of those who adhere to political correctness. Sorry about the bicycling QC, but perhaps best 'get over it' on this occasion.
- helen, norwich, 26/11/2010 11:35
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Mr Portor might it not be better that you direct your attention to seeking reform of the law and its implementation by lobbying senior politicians who are cyclist themselves? I believe the HOL has a cycling club but I'm not sure about the Commons.
- Sam, London,UK., 26/11/2010 11:34
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Many cyclists are taking to filming there journeys due to some drivers thinking that they are more important than anyone else. Driving should be a privilege and not a requirement. Driving tests should become harder and sentences and fines should be larger, hopefully that will keep the idiots off the road.
I have had issues with the cps. I've had many drivers nearly killing me but because I'm not hurt, it doesn't matter. Tell that to the next cyclist's family that gets killed by a drunk driver whilst on the phone!!!
- Gaz, Croydon, 26/11/2010 11:27
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This barrister started filming his journey because of repeated aggravation on his way to and from work he says. Maybe its because his riding skills are not up to scratch that the case was dropped.
- Mr.S.Port, London, 26/11/2010 11:26
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I sympathise with his experience but unless Mr Porter believed that the driver may have carried out the attack then threats to kill would not be appropriate.
Further, perhaps as a QC he could comment on the fact that the CPS has tied the hands of police over many years now. The Police used to arrest and prosecute offenders often the next day by taking offenders to the magistrates court and getting a swift plea. The overtime bill was very high but not as high as forming another layer of bureaucracy and funding the legal aid for lawyers, which no doubt he has benefited from over the years.
Abolish the CPS, reform the way offenders are prosecuted ie by giving them the incentive to plead out their case for non custodial sentences and give the police the ability to have hands on in court prosecutions.
- Bill, London, 26/11/2010 11:19
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The driver was probably a policeman.
- andy, london, 26/11/2010 11:17
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I suppose Mr Porter QC is really infuriated because there won't be a brother barrister defending the driver on legal aid.
Most of us I suspect loath lawyers and central London cyclists and are with the driver.
By the way I am a cyclist but I come from the old school where we stop at traffic lights and don't get aggressive. And two of my kids are lawyers, so what am I, a hypocrite and proud of it, it's much more fun.
- Stephen C, London, 26/11/2010 11:12
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I assume another barrister would have tried to get him off,quite ironic when a member of the legal profession feels let down by the justice system!!
- jaded, bromley, 26/11/2010 11:12
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We have known for sometime the British "justice" system is not fit for purpose. Depressing to know that the judiciary are well behind the curve still.
As a Barrister he is part of the problem.
- Frank, Home Counties, England., 26/11/2010 11:09
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