Dazzling sunlight did not cause cyclist David Cox to be killed in car crash in Herne Bay, claim police
10:15, 21 February 2019
updated: 10:18, 21 February 2019
Police have disputed claims dazzling sunlight caused the death of a grandfather killed in a crash.
Forensic investigator PC Robin Youngs added David Cox’s dark clothes could have made him “more detectable” against the sunlight.
Dean Thomas, 44, was at the wheel of a blue Hyundai i30 when it collided with Mr Cox’s bicycle on a roundabout in Old Thanet Way, Herne Bay, on the morning of January 28.
PC Youngs, who attended the crash scene, told Canterbury Crown Court on Wednesday: “I wouldn’t say it was extremely bright.
“It was bright sun light but I arrived sometime after the collision.”
Giving evidence, PC Youngs told Canterbury Crown Court on Wednesday another police officer attended the scene under similar weather conditions.
“The sunlight was bright, it was uncomfortable to the eye but he didn’t lose any sight.
“Given the ambient lighting conditions it could have had an effect where the sun made (Mr Cox) more detectable,” he told judge Catherine Brown.
Under cross-examination, he said there were no defects with the 71-year-old’s motorised silver bicycle or Thomas’s Hyundai.
The road was in a good state of repair and there was no evidence of an oil slick or other hazards on the road, Pc Young told prosecuting barrister Catherine Donnelly.
“The car’s A-Frame could cause a blind spot.
“There is a position with the Hyundai where it appears likely the pedal cycle is most likely obscured from view,” he added.
On attending the scene at 11.10am with PC Waghorn, PC Youngs noticed Thomas’s driver-side visor had not been used.
When the court was played dashcam footage from eye-witness Kerry Mountier’s Dacia Duster Thomas, represented by barrister John Barker, became visibly upset.
It showed the defendant entering the roundabout without stopping and hitting the grandfather-of-six in the left handside.
He died 12-days later at London’s King’s College Hospital.
Thomas, of Central Parade in Herne Bay was arrested at the scene and taken to a nearby police station.
He said in police interview the sun hindered visibility and the road appeared clear.
Toxicology reports showed 289 micrograms of benzoylecgonine per litre of blood when the legal limit is 50, judge Catherine Brown heard.
Benzoylecgonine is a by-product of cocaine once metabolised by the body.
Toxicology also showed traces of morphine below the legal limit.
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