Kawasaki Sportsbike Riders Club - Australia - Online Forum

One-eyed man cleared of causing death

A one-eyed delivery driver has been cleared of dangerous driving after his van hit a scooter rider in Adelaide.

In the South Australian District Court on Monday, Neil Spooner, 55, was found not guilty of causing the death of Daniel Raphael almost four years ago.

Mr Raphael died when his scooter was struck from behind by Mr Spooner's van as he waited to turn at an Adelaide intersection in June 2006.

In his verdict Judge Rauf Soulio said expert evidence provided during the trial offered a credible explanation for why Mr Spooner did not recognise the lights on Mr Raphael's scooter until it was too late.

'I am unable to conclude beyond reasonable doubt that Mr Spooner's driving was such a grave departure from the standard of care expected of road users,' the judge said in his reasons.

The judge found Mr Spooner not guilty of one count of causing death by dangerous driving and also not guilty of the alternative charge of driving without due care.

http://bigpondnews.com/articles/TopStor ... 65675.html

how safe are we out there? (don't know if this has been posted already)

i say take his licence away for life

Sorry officer...I only have one eye so I can only watch the road not my speedo so you can't book me...

What a joke...if you make a mistake and kill someone you are responsible.

Sad news, but man i hate scooters, fucking dangerous gay things, pity for the rider though. Cyclops get off the road.

dude its always been the way..speed and lose your license and heaps of points..yet I could drive through the front of a westfields and cause millions damage and injure and kill 30 people and the worst they can give me is neg driving and 3 points..its always been the way..

What in the hell, that's seriously disgusting.

Our judicial system is seriously flawed, judges are making the wrong decisions every day on serious cases such as this one, yet no matter how much we jump up & down it wont change a thing, the whole system needs a freaking overhaul & lets start at the top with the judges that must have been dropped on their heads at birth.

'I am unable to conclude beyond reasonable doubt that Mr Spooner's driving was such a grave departure from the standard of care expected of road users,' the judge said in his reasons.


Wow Precedent set . Standard of care does not extend to running down a stationary vehicle and killing the opperator of that vehicle .
Unbelivable .

the kid wrote:'I am unable to conclude beyond reasonable doubt that Mr Spooner's driving was such a grave departure from the standard of care expected of road users,' the judge said in his reasons.


Wow Precedent set . Standard of care does not extend to running down a stationary vehicle and killing the opperator of that vehicle .
Unbelivable .

+1
wif ya there Bill
simply unbelievable

hmmm..
wonder wot our SA poleeceman in Aardie thinks of this one????

Disgusted

There are definitly idiots out there. Every time I get on my bike or drive my cage I'm aware there is one more on the road, (me). I don't know the circumstances involved in this malady, but as a moto rider I have myself almost smashed a rider because I did not see her/him. The last experience was when I was changing lanes, I signaled and started to move to the right and an idiot on a ????? passed me, (on the right) at I would guess 100+ MPH. Very close call for the biker and a wake up call for me. If a biker does not see a bike then how do you expect a cager to do so. Drive defensively, this includes watching you mirrors. Also drink more JB. Cheers!

HOW SAFE ?? .....NOT VERY !! had some (may i say) Stupid Bitch today start abusing me for slapping the side of her car (should have kicked the f#@#ing shit out of it it) at lights behind her go green i indicate change to inside lane 60mtrs up road car infront of her wants to turn right...im on her left rear door she pulls into my lane (no indicator) i brake and pissed slap her car as she slides past.....as this is going on some clown in a ute ahead decides to pull out into the lane we are trying to share....squeeze past getting a mouth full from her and passenger...next set of lights the other 100mtrs to nepean h/way she's behind me ....yelling i was behind her all the time .....FFS...that was at the lights...THE LAST TIME SHE LOOKED IN HER MIRRORS...put bike on stand and went back tapped on window which she abligingly wound down.....and think i may have upset her........... yer average driver is F@#*ing hopeless


AND AS FOR ORIGANAL POST NOT SEEING A TWO WHEELED COMMUTER IS OBVIOUSLY A VERY GOOD DEFENCE...espcially if you only have one eye

And so at what stage are folks meant to have their eyesight re-assessed in order to keep their licences? Oh, there's no requirement? What a wonderful coincidence....

Seriously, something has to be done to get unroadworthy drivers off the road. And further, he killed someone. He should get a worse punishment than none at all!

that is the most ridiculous bs i've ever heard, so if i take my contacts out i can go drive around and mow people down with no worries. How does he NOT have responsibility??? Basically this is like saying its not negligent to kill people on the road if you cant see properly?? Its NOT your responsibility to see where your going..... FUCKING RIDICULOUS what if it happened to someone related to the judge ? or maybe a politician this guy would get stoned to death.

Just a quick intro as this is my first post .
I am the father Of Daniel Raphael the scooter rider killed in this tragic crash .
This news has now reached nation wide as well as internationally . And it seems that all riders are expressing similar opinions .

We as a family thank the riding community as a whole for their support.
We lost 4 years ago when Daniel died and persued this case for the safety of the riding community . We tried our best . Sorry we feel we let you down .

Daniel loved to ride ..