Driver convicted of injuring magistrate
A real estate agent was banned from the roads for two years and fined $3,000 yesterday after he was convicted of injuring a cycling magistrate.
Brain Alkon, 75, also had 10 demerit points imposed on his licence after was found guilty in Magistrates’ Court of causing grievous bodily harm to Craig Attridge by driving without due care and attention on Secretary Road in St George’s.
Acting Magistrate Marc Daniels said: “I consider that Mr Alkon’s actions of entering Secretary Road at the time that he did and all the circumstances were unreasonable and places him at fault in this collision.”
But Michael Scott, for the defence, said that his client planned to appeal the conviction.
The court heard that Mr Attridge was cycling with his wife and 13-year-old son on April 19, 2019 in training for the End-to-End charity event.
He and his family were cycling along Secretary Road when a silver station wagon driven by Alkon pulled out of Bourne Drive on to the wrong side of the road.
Mr Attridge told the court that he was forced to swerve to avoid a collision and was thrown off his bike.
He added he suffered a fractured collarbone, as well as a punctured shoulder and road rash along the right side of his body and on his left elbow and knee.
Alkon, of Brian Alkon Real Estate, told the court that he made the left-hand turn on to Secretary Road after he saw Mr Attridge at the top of the hill and thought it was safe for him to turn.
He said that he saw Mr Attridge in his rear-view mirror then heard a “bang”.
Alkon added that stopped, lifted the bicycle off Mr Attridge, called 911 and moved his car to the other side of the road to make room for police and an ambulance.
But Mr Daniels rejected the evidence because “there was no sound of sirens, or any other evidence of the imminent arrival of emergency service personnel, at the time the car was moved”.
He said he accepted Alkon was at fault because his manoeuvre gave no opportunity for Mr Attridge to avoid a collision.
Several other witnesses, including Kirsteen Anne Attridge, the wife of the injured magistrate, told the court that they did not see Alkon lift the bike or phone for an ambulance.
Nicole Smith, for the Crown, said that Alkon’s behaviour was “egregious” and “inexcusable”.
She added: “This is a prevalent offence and the defendant, the Crown will submit, is lucky because there could have been more harm caused to the complainant.
“The character and nature of Bermuda’s roads is such that persons need to be totally cognizant of their surroundings, not only for themselves but for the welfare of other road users.”
Mr Scott asked Mr Daniels to consider the age and health of his client.
He added that Alkon had no convictions for similar offences inside the last decade and that Mr Attridge’s injuries were caused because he braked sharply, rather than from direct impact with Alkon’s car.
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