THE FORMER mayor of Witney caused the death of a cyclist after knocking the man from his bicycle on the A361 between Broughton Poggs and Little Faringdon.
Former RAF squadron leader and Conservative councillor James ‘Jim’ King, 78, was taking his Nissan Qashqai out in order to prevent the battery going flat in December 2020.
He told other drivers at the scene that he hadn’t seen cyclist Ian Bailey, 75, who was clipped by King’s wing mirror, fell from his bike and suffered a fatal brain injury.
Oxford Crown Court heard that King, who was doing 40mph in the 50 zone, was staring into a low sun on a damp road and was being tailgated by a black Volvo.
In a victim personal statement read to the court by prosecutor Stefan Weidmann, Mr Bailey’s widow Ann said: “A life has been cut short, that of Ian Bailey.
“Most importantly, I have lost a husband and companion of 30 years. Four children have lost their father. Six grandchildren have lost their grandfather.
“A sister has lost her brother and other people have lost a relative or friend of many years standing.
“Having admitted to causing the death of Ian Bailey, I don’t wish Mr King any ill. I feel having to live with the fact of the rest of his life is punishment enough.”
James King outside Oxford Crown Court
Mr Weidmann told the court: “[Crash investigator] PC Reuben Hill opines that whilst the low sun was clearly a factor in this collision it would not have been a sudden occurrence for a Lechlade-bound driver.
“With the collision scene being visible for over 300m, Mr King would have had 16 seconds at 40mph.
“During those 16 seconds the reduced forward visibility caused by the sun and the road glare would have [resulted] with Mr King in experiencing a level of discomfort.
“The Highway Code states at rule 237 if you are dazzled by bright sunlight slow down and if necessary stop.
“Reducing speed self-evidently increases the amount of reaction time and stopping time required if a hazard should present itself. Whilst the defendant, self-evidently, was not speeding – the limit being 50 – at 40 he had only dropped 20 percent from the permitted maximum.”
The crash investigator agreed that the driver of the black Volvo, which ran over the bicycle after its ride was knocked off, was ‘close’ to the defendant’s Nissan.
“PC Hill opines that the most likely cause of the collision is a combination of the low winter sun and road glare together with Mr King’s failing to reduce his speed sufficiently or paying full attention to the road ahead due to the rearward distraction of the black Volvo behind him,” Mr Weidmann said.
Mitigating, Gareth James said his client had had a long career as an engineering officer in the RAF – retiring at the rank of squadron leader.
He left the air force for a career in industry and became a Conservative councillor. King, who was a member of the Institute of Advanced Motorists, served as Witney’s mayor in 2015. He remains a town councillor and serves on a county ‘traffic advisory committee’.
Mr James said King had taken the car out to stop the battery from going flat. The ‘tragedy’ was that he had missed the Filkins turn back towards Witney shortly before striking Mr Bailey’s bicycle.
“If he could turn the clock back he would, but he cannot. He adopts a stoical attitude because he knows there are some things he cannot go back and change,” Mr James said.
King, of Ralegh Crescent, Witney, pleaded guilty in January to causing death by careless driving.
Sentencing him to six months’ imprisonment suspended for a year and a half, Recorder John Bate-Williams said: “In these dazzling and sunny conditions you should have slowed down from your previous speed of about 40mph.
“You should have ensured your sun visors were lowered…and most importantly you should have reduced your speed dramatically or even stopped if you were having difficulty seeing the road ahead of you.
“The failure to take all of those steps cost Mr Bailey his life.”
He was banned from the roads for two years and ordered to take a driving test if he wants to get back behind the wheel. He must pay costs of £1,000.
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