Tragedy driver's appeal victory

A motorist prosecuted after a cyclist was killed on Bewdley bypass has had his careless driving conviction quashed on appeal .

Paul Bytheway, 49-year-old operations director of a Stourport firm, was at the wheel of his Audi on April 18, 2007, when cyclist Timothy Kane was struck by the wing mirror of a Saab and thrown into the road.

Bytheway, following behind, was unable to avoid 35-year-old Mr Kane, of Barnetts Close, Kidderminster.

Bytheway, of New Orchard House, Mamble, near Bewdley, was found guilty of careless driving by Kidderminster magistrates, fined £1,250 and banned from driving for a year.

The prosecution said Mr Bytheway was driving too close to the Saab to avoid the cyclist, and skid marks from the Audi showed a minimum speed of 64mph.

Bytheway told the appeal hearing at Worcester Crown Court that he never saw the cyclist as he began overtaking the Saab, but suddenly saw something in his peripheral left hand vision before hitting the brakes as hard as he could.

Judge John Cavell said there was no real evidence to show how close Bytheway was driving behind the other car.