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A guy who killed a cyclist in a “catastrophic” twist of fate has caused “total devastation” to his family.
Michael Bohan of Shannon Avenue, Lincoln, was driving his BMW while talking to his daughter on a hands-free phone when he hit the father of two, Barrie John Doherty.
Flight Lieutenant Doherty had returned by bicycle on the A607 at Leadenham at 5.30pm on 7 January 2019, following his paintings at RAF Cranwell.
A 43-year-old soldier, the Flt Lt Doherty, whom his colleagues described as “highly respected,” threw himself at the BMW windshield and suffered fatal injuries.
His wife, Vicky Doherty, said it ended that day.
The prosecution argued that the phone call would possibly have distracted the man, whom they described as an “ordinary and prudent driver”; the ruling ruled that it was difficult to discover that the call caused the accident.
The court heard that Bohan, 38, had said he did not see the motorcycle while the young lieutenant was wearing soft clothing and had his soft accessories when the incident occurred.
David Lee, a prosecutor, told Lincoln Crown Court on Wednesday (August 19) that Bohan had called after the accident.
“The cyclist jumped on the windshield and died a short time later,” he said.
“The defendant, to be fair to him, scored 999 and others who gave the impression of helping the scene, added a nurse who helped the deceased in the most productive way he could.
“The defendant will look for his daughter. He was texted and then made voice calls.”
Lee added that Bohan, who had no criminal record and a blank driver’s license, was a Bluetooth headset to communicate hands-free while driving the BMW.
“The position is that at the time he had a verbal exchange and didn’t text him,” he said.
“So it turns out that this is a fact that would possibly have been the explanation for why he said he hadn’t noticed the cyclist.
“There are no faults in the vehicle driving and there are no failures in the cycle. There’s no evidence of speeding. This is just one case where you haven’t noticed the cycle.
“Drive flawlessly for some time, so drive dazzlingly with caution. This cautious driving force did not see the cyclist.”
Flt Lt. Doherty’s mother, Susan, said her son had lived through sleep after developing before enrolling in the RAF.
“It has had such a massive effect on the lives of so many other people that we can’t describe how we feel,” he said.
His wife said her life had been the same since her husband’s death.
“On January 7, 2019, as I know, it ended,” he said.
“We are a team. Our lives are inextricably linked.”
Bohan admitted a sloppy driving death rate and won a 12-month network paint order with three hundred hours of unpaid paints and a four-month night curfew.
He was also barred from driving for 12 months and ordered to pass a prolonged driving check before returning to the road.
Judge John Pini QC said the final results of the incident were “catastrophic.”
“The consequences of what have happened may have been more catastrophic and absolutely devastated the lives of Mr. Doherty’s family,” he said.
“On the other hand, guilt is the lowest in the corrupt calendar, namely negligence.
“Mr. Bohan had a moment of lack of concentration and saw Mr. Doherty.
“The statements of Mr. Doherty’s mother and wife are a heartbreaking reading.
“When I pass a sentence, I don’t put a price on Barrie John’s life. Their life beyond the price they enjoyed and they have the deepest sympathy of this court.
The opinion delivered added that he may not be sure, according to the evidence, that Bohan’s use of a hands-free phone is an explanation as to why he had not noticed the cyclist.
“Mr. Bohan admits it was a hands-free phone to communicate with his daughter,” he said.
“The investigator’s report of the twist of fate indicates that he simply did not see Mr. Doherty and there to be seen.
“Hands-free phones are obviously legal, it doesn’t stick to that, because they’re legal, they can’t be a distraction.
“What I have is a test.”
Michael Cranmer-Brown, mitigating Bohan, said his consumer had apologized to Flt Lt Doherty’s circle of relatives and that the incident affected him.
“Mr. Bohan apologizes to the court and the circle of relatives of the deceased,” he said.
“It was a momentary inattention. He made a mistake. It was a very brief moment of careless driving.
“This is a hardworking guy who made a mistake in seconds that had terrible consequences. It’s full of regrets. I would do everything I could to return it.”
“The effect on his life has been enormous. He was referred to the board. It had a massive effect on him emotionally.”
Experts have been campaigning for a long time to make hands-free illegal.
Speaking on the LV insurer’s online page, Dr. Graham Hole, a senior professor of psychology at the University of Sussex, said: “I think the law will be replaced to convey the right message and make it transparent that any use of a cell phone drives is dangerous.” Kevin Clinton of the Royal Society for the Prevention of Accidents also called for a law banning the use of hands-free phones in cars. “Unfortunately, other people continue to lose their lives on our roads due to injuries caused by distracted drivers because they use a cell phone,” he said.
“This can have been avoided so easily through all drivers who turn off their phones while driving and only check messages once they have stopped in a safe place.”