Driver cleared of knocking down pedestrian in rage

Motorist was trying to avoid confrontation, court hears

A DRIVER has been cleared of knocking down a pedestrian in an apparent road rage attack.

An off-duty police officer said Kieran James Holton appeared to drive into John Kershaw following an altercation in the street.

Newbury magistrates heard last Thursday how 31-year-old Mr Holton, of Bourne Road, Pangbourne, seemed to target Mr Kershaw, who had a bicycle at his feet, following an argument on the A4 Bath Road at Speen.

He denied one charge of dangerous driving and one of failing to stop after an accident, both on October 8 last year.

Helen Waite, prosecuting, said the officer’s attention was drawn to a blue Ford Transit van parked on the pavement and to two men beside it.

Pc Emily Trevelyan said: “They appeared to be arguing. I could tell it wasn’t a casual, friendly conversation.

“The van driver got back in and the second man stood directly in front of the van, waving his arms in the air.

“The van moved forwards causing the other man to fall backwards into the lamp post, which was the only thing that stopped him falling completely.

“I was shocked – it’s not something you expect to see as you're driving down the road.”

She added: “I noticed a young girl, around seven years old, in the passenger seat. The van then pulled out into the road and continued on.”

Under cross-examination by Paul Gilmartin, for Mr Holton, the officer conceded she assumed there might have been an accident in which the van driver knocked the cyclist off his bike.

She further conceded she did not see any actual impact before the man fell. Ms Waite told magistrates that the alleged victim, Mr Kershaw, “did not want to take part in these proceedings”.

Mr Holton later told police he had been driving towards Newbury when his daughter needed the toilet, prompting him to pull over.

He said in interview that there was a cyclist on the pavement so he decided they should wait in the van.

Mr Holton said the cyclist suddenly threw his bike to the ground and accused him of blocking the pavement.

He said he got out to remonstrate with the man but got back in when he was challenged to a fight.

Mr Holton claimed Mr Kershaw continued to goad him while leaning on the front of the van.

He said he then reversed to get away from Mr Kershaw, who stumbled backwards.

Mr Gilmartin said the prosecution had failed to prove any accident had taken place and invited the court to dismiss the case.

After retiring to confer, magistrates agreed and formally cleared Mr Holton of both charges.