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Accused Cardenden pensioner Adam Fernie on trial for causing death of cyclist by dangerous driving

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swldx...@gmail.com

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Feb 24, 2022, 1:33:19 PM2/24/22
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A CYCLIST who died in a road accident wasn’t wearing a safety helmet, a jury has been told.

An eyewitness to the crash said the lack of a helmet was the reason he kept on watching Iain Anderson after he cycled past him on the B937 at Heatherhall Woods, near Ladybank, Fife.

Thomas Davies, 35, self-employed fencing contractor from Cupar, said he was putting oil in his car in a layby when Mr Anderson suddenly whizzed past on his electric bike, startling him.

Seconds later, he told the High Court at Livingston, he saw a flatbed truck following the cyclist north along the Edenbridge to Lindores road.

He said: “I kept on watching because (the truck) wasn’t slowing down – it was just staying at the same speed – and I started thinking: ‘Something’s going to happen here. He’s going to hit him!’ “I seen the man hit and he was just flying in the air. I was instantly in shock. I absolutely shouted like mad.

“The van kept on going with him in the air and eventually (drove) over him. I just sprinted as fast as I could up the….” Mr Davies suddenly halted his evidence in mid-sentence as he was overcome with emotion.

He said the pick-up truck had kept going for around 50 odd yards before stopping, turning round and driving back to the scene of the accident.

He dialled 999 for an ambulance and told the call handler where he was. He was joined by a bus driver, an off duty policeman and a GP, who administered first aid until paramedics and a Helimed doctor arrived.

He told the jury: “I tried to speak to the male on the ground. I couldn’t get anything from him.

“The driver of the pickup came back and I said: ‘How could you not see him?’ and he said something along the lines of ‘the sunlight’.

Charles Robb, 74, from Freuchie, Fife, who was driving his van southwards at the time said he saw the cyclist approaching from the opposite direction riding about two feet out from the verge.

He said: “After about 10-12 seconds I just seen like an explosion going off and there was dust and divots and debris all over the place. It was all over the road.

“I could see the cyclist lying at the side of the road. Once it cleared I seen the truck still going towards me. I said to myself: ‘He’s not going to stop!’ “I crossed over to the other side of the road in my van and flashed my headlights to stop the truck. There was no windscreen on the front of it and the front was all totally bashed.”

He went on: “Once I stopped the van I rolled down my window and drew up to the level of his window. I said to him: ‘You’ve hit that cyclist. Are you not going to stop?’ “He said I’ll just go up the road a bit and turn and come back again. He was surprisingly calm.”

Under questioning, Mr Robb agreed that his exact words to police at the scene had been: “I spoke to the driver of the van again and asked him: ‘Did you not see the cyclist?’ The driver told me he didn’t see him because of the sun coming through the trees.”

Off-duty police officer Nicky Venters, 38, a detective sergeant said he was returning from walking his dog when he was told about the accident.

He found Mr Anderson’s crumpled pushbike lying on the northbound carriageway further north than he was and saw the small pick-up style lorry with a damaged windscreen facing towards him.

He said: “The first thing I did was check that one of the men was on the phone to the ambulance service.

“I asked the individuals there what had happened. One of the males made a comment similar to ‘I was blinded by the sun.’ “Was able to get a faint pulse from the casualty’s left wrist and by putting my head to his chest was able to confirm that he was breathing. Almost immediately I was joined by an off duty GP and between myself and that lady we moved his head to open his airway.

“We probably did CPR for about 30 minutes. Ambulance staff were content because there was a GP there.

“After that it was passed over to the Helimed doctor who was in attendance.

Decision made to cease CPR on medical grounds.”

Mr Anderson, a 66-year-old father of five and a grandfather, died at the scene from multiple injuries.

Adam Fernie, 80, is charged with causing Mr Anderson’s death by dangerous driving on 25 August 2019.

He is also charged with failing to stop after the accident, and using a vehicle in dangerous condition.

Fernie, of Jamphlars Road, Cardenden, Lochgelly, denies all the charges and his trial before judge Lord Weir, continues.

https://www.centralfifetimes.com/news/19950187.accused-cardenden-pensioner-adam-fernie-trial-causing-death-cyclist-dangerous-driving/

Spike

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Feb 25, 2022, 4:19:14 AM2/25/22
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On 24/02/2022 18:33, swldx...@gmail.com wrote:

> A CYCLIST who died in a road accident wasn’t wearing a safety helmet, a jury has been told.

> An eyewitness to the crash said the lack of a helmet was the reason he kept on watching Iain Anderson after he cycled past him on the B937 at Heatherhall Woods, near Ladybank, Fife.

> Thomas Davies, 35, self-employed fencing contractor from Cupar, said he was putting oil in his car in a layby when Mr Anderson suddenly whizzed past on his electric bike, startling him.

Sounds like a Dangerous Close Pass by the cyclist.

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Spike
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