IOM manslaughter charges dropped

[eliot-ness]

In January 05 A man was arrested at his home in the north of England on a charge of manslaughter. He was taken to the IOM and jailed, but after a few days was released on bail. The manslaughter charge followed the death of a competitor at a sprint meeting in the IOM the previous year. As clerk of the course the accused was held responsible for the death. After 7 months of worry, huge expenses in legal fees and several cancellations of the case while police "collected evidence" he was summoned to court last week to be told 'there was no case to answer'. This may seem like a good result but look at the facts. He and his family were put under a huge strain. The financial cost alone would have bankrupt most people. He is unlikely to be recompensed for his costs, and all this because of a badly thought out law that says 'somebody must be accountable'. In view of the recent racing accident at Manfield I think it is imperative that some form of personal liability insurance is taken out to cover volunteer officials at race meetings. So long as this law remains on the books in it's present form the police will be duty bound to bring charges and few of us can afford the consequences.

In view of the history of the IOM re racing deaths it's not surprising the case was thrown out. The Island relies heavily on the TT races for revenue and most track officials are volunteers. What is disturbing is the fact that the police can take a case so far with little regard for the accused. Let's hope it never gets to that stage in NZ

[zadok]

It is unfortunate that we have slipped into the litigation merry-go-round. Seems like there is no such thing as an accident anymore. Someone has to be blamed and maybe there is a buck in it! Only used to happen in America.

[pritch]

Let's hope it never gets to that stage in NZ

Too late!

For some time now the Police in this country have been proceeding with doubtful prosecutions. I think this may be politically motivated arising from a case a few years ago where the Police were criticized for not prosecuting a drunk driver who killed three teenaged girls. It was alleged he was friendly with his local force members and drank in the Police canteen.

It was following this case, I think, that the serious accident units (or whatever the correct nomenclature is) were set up.

Now, in the event of a death, caused by driving, hunting, self defence or whatever, they seemingly prosecute in every case no matter how inappropriate it may appear.

[Lou Girardin]

Is it possible to insure against prosecution?

[eliot-ness]

Is it possible to insure against prosecution?

Maybe not against prosecution, but it should be possible to insure against costs incurred. As fatal accidents only happen rarely it wouldn't be a high risk venture for insurance companies. Maybe a blanket cover policy to cover all types of motorcycle events could be arranged by the governing bodies.
BTW The guy referred to had to pay over $500 per hour for a lawyer. Not cheap when the case is dragged out over seven months with several hearings. Way out of my financial league

[TonyB]

Good to see it was thrown out, but who compensates the guy for the stress and finacial expense?

I've gotta say that the whole situation post Manfield is a bit worrying. Our race meetings and clubs are run entirely by volunteers- who the hell is going to be willing to pick up a marshals flag if someone was to get prosecuted for something like this? No marshals = no racing. The way around it would be to have professional marshals, but then the cost of a race round would balloon out control- I know I won't be racing if each round costs hundreds of dollars just to enter. And if the marshals are in fact 'professional' then they really might be in danger of being prosecuted. Hopefully cool heads will/ have prevail(ed) and a simple change in procedure will ensure a tragedy like that can't happen again.

Tell me, if a rugby scrum collapses and a prop breaks their kneck and ends up in a wheelchair or dead, do the police get involved? If a player hits someone or stomps on their head, do the police get involved? Why is motorsport singled out???

[Timetogo]

There’s already been something similar happen. A few years ago now I can't remember which one but there was a spectator killed at the Queenstown round the streets race. The race organizers faced manslaughter charges etc from the police. The whole thing took a couple of years to work through, they got off eventually but it placed considerable strain on them. I think MANZ paid the bills but the emotional strain was pretty significant

[Pathos]

The stupid thing is that he had to pay a cent before the case was examined and any evidence collected. Can be charged with murder until there is actual proof of involvement?