U-turn death cop's $250 fine

[Baska]

A policeman whose u-turn on the brow of a hill led to the death of a motorcyclist has been fined $250 plus court costs - to the disbelief of the victim's family and friends.

 

Veteran highway patrol officer Michael John Lenihan was yesterday cleared of dangerous driving causing death, but convicted of a lesser charge of careless driving for making the u-turn to chase a speeding driver.

 

The motorcyclist, 37-year-old Paul Brown, died when his 998cc Kawasaki Ninja crashed into Lenihan's police car at a speed estimated to have been up to 140km/h on Waerenga Rd near Te Kauwhata on April 18 last year.

 

Judge Lance Moore told yesterday's defended hearing in Hamilton District Court that Lenihan had clearly made a mistake but Mr Brown would have escaped the collision if he had been travelling at the speed limit.

 

"If he had been travelling at a bit over 100km/h he might well still have avoided the collision, or at the very worst been involved in a minor one."

 

He dropped a charge against Lenihan of dangerous driving causing injury to his friend John Cameron, who was in the car as a police observer at the time and suffered whiplash injuries and a bruised sternum.

 

 

The decision shocked Mr Brown's family and friends, some of whom wore T-shirts in remembrance of him.

 

Mr Brown's mother, Jenny, who had lost two sons before Paul's death, would not comment when approached outside the court.

 

A family friend said: "She has got absolutely nothing to say."

 

But his close friends Joe Macfarlane and Carl Jackson - the motorist Lenihan clocked driving at more than 150km/h moments before the accident - said they were shattered by the outcome.

 

Mr Macfarlane said the sentence meant nothing and Lenihan needed to be held accountable.

 

He said he had lost confidence in the police to "quite a big degree".

 

"I can't believe that the charge got laid down ... In the end it smacks of a cover-up," he said.

 

"We know Brownie was no saint ... but justice is justice and if anybody else had have been coming there, whether it was him or whatever, there would have been an accident."

 

Mr Macfarlane said Mr Brown was at his house before he made his fateful return home on Waerenga Rd.

 

He said Lenihan should have at least been charged with dangerous driving.

 

"I could have almost lived with not necessarily causing the death because they said Brownie was speeding but I'm not altogether convinced with the case they put together.

 

"Nobody in their right mind would have turned around there ... The relevant factor was they virtually proved a high percentage of people couldn't have stopped, therefore it was dangerous driving."

 

Mr Jackson said he wanted Lenihan, who did not give evidence at the hearing, to stand up and admit he had made a mistake.

 

"If it was any of us doing a u-turn there, we wouldn't have got away with a $250 fine."

 

The court had earlier heard from a crash investigator who calculated Mr Brown's speed before the crash at between 114km/h and 142 km/h.

 

But another said he was more likely to have been driving at between 141km/h and 158km/h.

 

His body was found 72m from the crash scene lying face down in grass after hitting a tree.

 

Lenihan, who was supported by family, friends and several police colleagues sitting in the public gallery, joined the Ministry of Transport in 1976.

 

But last night his future was uncertain, and police spokesman Jon Neilson said he would face an internal employment process.

 

He did not know if Lenihan would be stood down from work until the inquiry was held.

 

Mr Neilson said two other policemen were still at work despite facing charges of excess breath alcohol and careless use of a motor vehicle.

 

He said that while officers might not be stood down, they would generally be on restricted duties not related to their normal work.

 

 

 

 

source

[monkeysmack]

Chasing down a misdemeanor speeder/endanger public safety... sounds like a fair trade-off to the police.

I've said it before and I'll say it again: the police aren't tasked with protecting you. Their primary job is to collect fines for statutory infractions and, in general, to raise revenue. Judges, lawyers, and police are part of a club/gang. They will protect each other at your expense every time. I know this from personal experience.

[Gasterbator]

wow... Monkey you're right and thats pretty sad stuff

i saw on the news something about police gangs and thats just insane

what has the world come to.. geeze

[Antichrist]

 

Judge Lance Moore told yesterday's defended hearing in Hamilton District Court that Lenihan had clearly made a mistake but Mr Brown would have escaped the collision if he had been travelling at the speed limit.

 

 

If you get into a car, truck, or onto a motorcycle, you know the risks. From day one when you get a Learner's Permit, you're taught to drive defensively. You see accidents on the news, you see people die, who were speeding or driving recklessly.

 

This man felt confident enough in his abilities to handle himself at high speeds and he failed. It's not the cop's fault. Sure, maybe the cop made a bad decision, BUT these speed limits are posted to give a driver enough time to react to changing driving situations on specific roads, in specific areas. Speed limits are posted for a reason.

 

Sorry. I take no pity.

[monkeysmack]

My comment is not about the character of the police officers themselves.. more about what the system forces them to focus on in day to day duties. I know there are a lot of good cops, cops that would risk their lives to save people and are very concerned with safety.

[Gasterbator]

If you get into a car, truck, or onto a motorcycle, you know the risks. From day one when you get a Learner's Permit, you're taught to drive defensively. You see accidents on the news, you see people die, who were speeding or driving recklessly.

 

This man felt confident enough in his abilities to handle himself at high speeds and he failed. It's not the cop's fault. Sure, maybe the cop made a bad decision, BUT these speed limits are posted to give a driver enough time to react to changing driving situations on specific roads, in specific areas. Speed limits are posted for a reason.

 

Sorry. I take no pity.

 

 

I agree and the cop also should be a little more defensive on his driving as well imo.

[rolf]

"If he had been travelling at a bit over 100km/h he might well still have avoided the collision, or at the very worst been involved in a minor one."

...

The court had earlier heard from a crash investigator who calculated Mr Brown's speed before the crash at between 114km/h and 142 km/h. But another said he was more likely to have been driving at between 141km/h and 158km/h.

 

Chasing down a misdemeanor speeder/endanger public safety... sounds like a fair trade-off to the police.

...

Their primary job is to collect fines for statutory infractions and, in general, to raise revenue

You see what I did there?

 

 

They write tickets for safety. And even if that's a 'well, you could've gone 140km/h here without problem'-road, it might not be that straightforward. Especially on that part, 'we' in the Netherlands learn that on the brow of a hill, you don't know what's behind it (and it isn't be the first time there's a traffic jam/accident), so you adjust your speed. Bad location of the policemen: yes. Blaming only the policeman: no.

[yougotshelled]

I hate cops with every fiber of my being. my feelings aside the cop is much more responsible reguardless of the fact the man is speeding. anyone with half a brain knows you should never do a u turn if your on a huge blind spot.. you need to be sure your able to see everything around you to avoid such incidents the cop should have been charged and lost his job. considering his dumbass "enforces" the law he should have known better /rant off

 

also i agree with monkey 100% thats all they are.

[General]

I hate cops with every fiber of my being. my feelings aside the cop is much more responsible reguardless of the fact the man is speeding. anyone with half a brain knows you should never do a u turn if your on a huge blind spot.. you need to be sure your able to see everything around you to avoid such incidents the cop should have been charged and lost his job. considering his dumbass "enforces" the law he should have known better /rant off

 

also i agree with monkey 100% thats all they are.

You OBVIOUSLY have absolutely zero respect for the men and women who go out and risk their lives to make your butt overall safer. You should be ashamed.

 

What, like everybody is such a great driver?

Say you had to make a u-turn there and go back to a store u passed or something....I highly doubt you would be all like "oh, this is a blind spot, so i wont turn here"

No, You would turn.

Plus, the cop was making a u-turn to do his JOB. To catch a speeder. So there was a guy speeding that he could not have seen....how the hell would he know?

 

Also consider if it may have been somewhere like where i live near - just a mile down the road from me, there are people whose driveway are a blindspot in each direction or an uphill area. nothing you can do.

 

If anything, you could be mad at highway dept because the road may be unsafe.

 

Did this man, on the motorcycle, even have a legitimate reason for speeding so much and going so fast? I highly doubt it.

As always, just the media blowing up something that a person who reads details and doesnt listen to the bias shit can tell was not the "bad guys" fault, in this case, the officer. I can't believe todays society eats this shit up

Im sorry for all the cops who have to go through things like this and read stuff like this.

"/rant off"

[General]

Chasing down a misdemeanor speeder/endanger public safety... sounds like a fair trade-off to the police.

I've said it before and I'll say it again: the police aren't tasked with protecting you. Their primary job is to collect fines for statutory infractions and, in general, to raise revenue. Judges, lawyers, and police are part of a club/gang. They will protect each other at your expense every time. I know this from personal experience.

They don' do that to save themselves and eachother, they do it to save the govt money, and int imes like this, you really want the govt wasting more money?

 

Trust me, it may not seem tha way, but most intentions from most cops, judges, are good.

 

I cant speak for lawyers, but their job is to have their client and themselves make the most/lose the least money, so why cn you get mad at them for doing what theyre being paid to do? *rattles brain inside your head*

[Frated1]

I don't have any pity for the motorist. The police officer did nothing wrong.

I've heard tales of HORRIBLE police officers. Ones who would throw a flash bang into a senior home because they were too slow to open the door, giving a few seniors heart attacks.

However, the motorist was in the wrong.

Thank you for listening!

[Waster]

Plenty of blame to go around.

 

However a police offer takes defensive driving courses probably every year

and he has the greater responsibilty for public safety.

 

that said, the officer should have known better than to do a u-turn in a blind spot.

He should of known that it was unsafe.

 

There is no reason that an officer should do something so unsafe.

 

We all learn from day one to be a defensive drivers and that its not only your life out there.

 

I say this with 20+ years driving company vehicles with no accident or tickets.

Frankly the officer was stupid