5th February 2015 – “Are cyclists protected by law?” Jones asks chief of police.

Michael Mason was fatally injured when he was hit by a car from behind on Regent Street in February 2014.

To the fury of road safety campaigners, the police did not refer the case to the Crown Prosecution Service, despite the driver admitting at the inquest that she could not explain her failure to see him, even though he was right in front of her.

Greater London Assembly Member Jenny Jones has written to the Metropolitan Police Commissioner Sir Bernard Hogan-Howe, calling on him to reconsider the decision.

“A failure by the Met to pursue this case could send out a message that cyclists who do ‘take the road’ are not protected by the law if a motorist simply drives over them,” she said.  “Taking the road’ at pinch points is exactly what Transport for London training courses advise cyclists to do.”

Despite several witnesses testifying to having clearly seen 70-year-old Mason prior to the collision, none had seen the collision itself.  However, physical evidence from the scene gave a clear indication that “a linear collision” had occurred.

Jones raised concerns about the Met’s handling of the case.  “My primary concern is with the policy implications.  I feel the Met needs to review whether it is being over reliant on witness statements in these cases and whether you feel that the law is giving sufficient protection to cyclists who are injured, or killed, when ‘taking the road’?”

Jones also pointed out that the police’s decision not to refer the case to the CPS would mean that the family could not appeal.  “This leaves Mr. Mason’s family, and others in a similar situation, with a sense of justice denied.”