Celebrity lawyer Mr Loophole’s controversial claims that pedestrians must ‘light up’ at night to remain safe are being backed by a national road safety body.
Nick Freeman – given the nickname for his record of getting high-profile clients off for driving offences – made the remarks at the trial of Simon Martins at Manchester Crown Court earlier this week.
Martins, 24, pleaded guilty to causing death by dangerous driving after knocking down granddad-of-54 Rabbi Hyman Steinberg on Leicester Road, Salford, in December 2012 – minutes after sending a text from behind the wheel.
Mr Freeman, arguing in Martins’ defence, said that Mr Steinberg may not have lost his life had he been wearing a ‘reflective vest, arm bands or belt’.
Freeman’s claims that pedestrians must wear hi-visibility clothing have been branded ‘ludicrous’ by Manchester Withington MP John Leach.
Road Safety GB spokesman James Gibson, however, believes that Mr Loophole might actually have been correct in his advice.
Gibson told MM that although speed was the ‘major factor’ in Mr Steinberg’s death, reflective clothing is recommended for pedestrians at night.
Mr Gibson said: “In this case, speed was clearly the major factor in this tragic death. Road Safety GB always encourages all road users whether drivers or pedestrians to follow The Highway Code.
“Drivers need to respect speed limits and drive at an appropriate speed accounting for road and weather conditions.
“In the section ‘Rules for Pedestrians’, there is general guidance encouraging pedestrians to wear or carry something light-coloured, bright or fluorescent in poor daylight conditions. When it is dark the use of reflective materials is suggested.”
But Mr Leech wrote to justice secretary Chris Grayling MP to demand that Martins’ sentence – a prison sentence of eight months, suspended for two years and also ordered him to complete 300 hours of community service, in addition to a 15-month driving ban – be reconsidered.
Mr Leech said: “Mr Freeman is trying to defend the indefensible, it is simply not acceptable to suggest that someone who is wearing dark clothing is in some way at fault for a car hitting him.
“To suggest that someone who normally wears dark clothing should wear reflective clothing so that careless drivers are less likely to hit them is ludicrous.
“We much not forget that this is someone’s father and Grandfather, a life has been lost because of a dangerous driver.”
Leech, who pointed out that he was awarded Road Safety MP of the Year for introducing a Parliamentary bill to make the default speed limit on residential roads 20mph in 2008, has been a long-time road safety campaigner.
“I will always stand up for something I believe is right,” said the MP.
“I have continued to campaign for safer roads throughout my time in Parliament and will carry on doing so regardless.”
The Liberal Democrat councillor insists that failure to crack down on Mr Freeman’s suggestion could lead to dangerous driving escaping the punishment it deserves in future cases.
Mr Leech said: “I personally feel that the sentence given to Mr Martins is too lenient, sets a dangerous precedent and needs to be reviewed.
“I’m appalled by the comments from the lawyer Nick Freeman; as well as being culturally insensitive the incident was clearly the fault of the speeding driver.”
Mr Leech’s second statement was supported by Ed Morrow, the Campaigns Officer for road safety campaign Brake, who said: “Mr Freeman’s argument here is really beside the point.
“There is evidence to suggest that a mobile phone call continues to distract you for some time even after you come off the phone.
“In this case, the driver was speeding as well and so was taking two different illegal risks.”
Mr Morrow also said that drivers have ‘the first and foremost responsibility’ to protect other road users, including pedestrians and cyclists.
He added: “There are things vulnerable road users can do to minimise their risk, but at the end of the day as the driver you have primary responsibility to make sure you are driving in a legal and safe manner to make sure you aren’t putting anyone in danger in the first place.”
Mr Freeman and Mr Leech will appear on Salford City Radio’s ‘Jewish Hour’ on Monday at 7pm for a face-to-face debate on the issues.
Image courtesy of RadiansInc via Youtube with thanks
