An ‘expert driver’ who claims to have done TV stunts has been found guilty of seriously injuring a cyclist in a crash on a Fife mini-roundabout.
Stuart Penman was thrown from his £6,000 bicycle by a Luton van being driven by James Cunningham as they crossed the roundabout in Kelty.
The 61-year-old cyclist was taken to hospital with a broken shoulder blade, road rash and bruising to his hips on October 13 2022.
Cunningham had denied causing serious injury by careless driving but was convicted after a trial at Dunfermline Sheriff Court.
The 56-year-old, of Oxgangs Street in Edinburgh, who claimed he is an “advanced driver” and does “stunts for Channel 4 TV”, denied there was any collision
‘Spun round’ in collision
Mr Penman, a retired project manager at Babcock, told the trial he reached the mini-roundabout from Oakfield Street at around 2pm.
His Look custom-built bike was a retirement present which he described as a “high end carbon fibre push bike” costing more than £6,000.
He said the conditions were fair and dry and he was wearing shorts and a hi-vis helmet and had a LED flasher on at the front.
He was cycling between five and 10mph and Cunningham appeared from Cocklaw Street.
He told the court: “As I proceeded across the roundabout I thought, ‘he has not seen me’.
“I just knew he had not seen me, so it was a case of do I stop and he is over the top of me or do I accelerate?
“He caught me at the back of the bike, spun me round and I was lying outside The Kings (pub), facing the direction I came from.”
He said: “It spun me round, flew me up into the air and I came down heavily on the right shoulder”.
Mr Penman said the bicycle was not repairable and uninsured but a new one has been paid for after he contacted a “no win, no fee” company.
Crash witness
Ellie Garvie, an events manager, was driving behind Mr Penman and said after he slowed naturally at the roundabout, the van came from the left and she thought “he has not seen the cyclist”.
She said: “The van just continued over the roundabout. There was a collision with the cyclist”.
Mrs Garvie recalled Cunningham being shaken and upset afterwards and him saying “I did not see him, I did not see him”.
She said she stayed with Mr Penman and other members of the public phoned for an ambulance.
Van not checked
A police officer who attended the scene gave evidence and was questioned by defence lawyer Peter Winning about why she did not inspect the accused’s van for damage.
The officer said she did not know and agreed it would have been a good idea.
Giving evidence, Cunningham had claimed he saw nothing coming when he looked right at the mini-roundabout.
He said he stopped the van on the roundabout about halfway across as a cyclist came “flying” down at speed before trying to correct the bicycle but ended up falling as his bike slid along the ground.
Cunningham said there was no collision and repeatedly voiced concerns about police not inspecting his van for damage at the time.
Guilty
Sheriff Krista Johnston convicted Cunningham of causing serious injury by careless driving by failing to take proper heed of his surroundings and failing to slow down for a cyclist travelling ahead of him.
The sheriff said she found the prosecution witnesses to be credible and reliable and rejected Cunningham’s evidence where it differed.
Cunningham interrupted to say this was “impossible” and “crazy” and was warned about potentially being in contempt of court.
In mitigation, defence lawyer Mr Winning argued the conviction was at the “lower end” of the careless driving scale, suggesting a “momentary lapse”.
He stressed there was no question of excessive speed on Cunningham’s part and stressed his client responded in the way most people would by being shaken and upset.
Sheriff Johnston banned Cunningham from driving for a year and fined him £300.
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