• perpetrator lied and said that cyclist was coming towards him, then admitted this lie
• victim was wearing hi-vis and had pedal reflectors
• perpetrator’s vehicle was defective
• road is near Newmarket racecourse and very flat; straight as a roman road for over a mile
June 15 2018
,,,,,His wife said: “Zoltan had always said the roads were dangerous – he was not happy to cycle again.”
CCTV footage showed that Domotor was wearing a high vis jacket with reflectors on his pedals. Police tests later showed he would have been visible for a period of between four and 10 seconds.
Police forensic accident investigator PC Dean Webb said the test showed that when the reflective jacket was 115 metres away, it became “glaringly obvious” what it was and that Birle should have had time to emergency brake or take avoiding action.
Prosecutor Charles Myatt said: “From all the evidence available, it seems that Mr Birle did neither of these.”
The nearside headlight of Birle’s car was found to have been faulty and did not work on dipped beam.
There were no witnesses to the collision, but another motorist, Laura Towns, had been overtaken by Birle a short time before and said he had pulled away “at speed.”
The collision took place at a speed believed to be in excess of 50mph.
Birle initially pleaded not guilty and claimed that Domotor had been riding towards him with either weak or no lights.
He later changed his plea and accepted all blame for the accident at sentencing.