Simon MacMichael October 10 2017
A professional triathletebelieves missed the chance to make a breakthrough in the sport after a van driver rugby-tackled her while she was out training on her bike, causing a fracture to one of her vertebrae.
The motorist, Martyn Lee, told Caroline Livesey “I thought you were a bloke” after the incident in May this year, reports The Sun.
Lee, a 46-year-old plumber, pleaded guilty at York Crown Court to assault causing actual bodily harm.
Shawn Morales, prosecuting Lee, told the court: “The defendant had been driving along when the complainant, who was at the left side of the road, had moved over to the right to avoid hitting a dog.
“As she pulled across the road, the defendant had to then drive into the middle of both carriageways to narrowly miss Mrs Livesey.
“The complainant said the defendant then drove past her shouting something about ‘undertaking’ referring to a previous incident of driving down the inside lane.
“Further down the road he had stopped and, as the complainant went past, he rugby tackled her from the bike and she hit the back of her head on the road surface.”
He added: “After the incident, he told her, ‘to be honest, I thought you were a bloke’.”
Mrs Livesey, aged 38, had been aiming to qualify for the world championships and had been spending 48 hours a week training, having decided to work part-time in her job as an engineer.
Her injuries, which besides a broken sacrum as well as cuts and bruises meant she was unable to run of cycle for eight weeks.
“I have lost earnings – I lost out in prize money for qualification to these events and I am still in part-time employment,” she wrote in a victim impact statement read out in court.
“I’m not someone to dwell on things, I’m positive and pragmatic and I have put it behind me and carried on,” she added.
In mitigation for Lee, Ayisha Smart told the court: “He says that he merely pulled over further up the road to try and speak to the victim, but the build up of stress he was under at work let his anger get the better of him.
“This is the defendant’s first blemish on a record of 46 years.”
Recorder Nicholas Barker has ordered Lee to demonstrate he can pay compensation to Mrs Livesey, otherwise he may face jail when he is sentenced on 9 January next year.
She told him: “This was a one-off event, however, it is a very serious matter. In the complainant’s statement is the financial impact therefore unusually in the circumstances I am going to defer sentencing.”