A driver who hit and killed a cyclist and “engaged with his phone” for 10 seconds prior to the collision has been cleared of causing the death by dangerous driving.
Local reporters were at Norwich Crown Court to hear the jury return a not guilty verdict over Shayne Hill’s involvement in the death of Cheryl Tye back in 2022, the 60mph collision happening as she rode on the A11 in Norfolk while competing in CC Breckland’s 50-mile East District championship time trial.
Hill has already admitted the lesser charge of causing the death by careless driving and will be sentenced in the autumn.
During his trial the court heard that the 32-year-old was “engaged with his phone” for 10 seconds before the collision at 9.35am on 26 June 2022. Hill was travelling in the same direction as Ms Tye and the court also heard he told a woman who stopped at the scene that he “was looking for my drink. I didn’t even see her. What will I get?”
He told police his phone was in a holder and being used for maps. Hill’s sister sent around 25 WhatsApp messages of photos from a family barbecue the previous day and the driver told police he touched the screen to swipe away the notifications as they came in “in ones and twos over a few minutes”.
Prosecutor Nick Bleaney argued Hill’s driving fell “far below the standards of a careful motorist”.
“He would tell the police that he had been distracted by his mobile phone and at the crucial moment had been looking down to pick up a drinks bottle on the passenger seat next to him. It is not in dispute that Mr Hill was driving and was responsible for her death. He accepts he is guilty of causing death by careless driving.
“The Crown’s case is that if you are not paying attention for 10 seconds covering 300 yards and hit someone in the back, it’s not careless driving, it’s dangerous because it falls far below the standards of a careful motorist.”
Ms Tye was wearing a white and yellow top and had flashing lights on the front and rear of her bike. The court heard the collision happened on a straight section of road with good visibility and it was fine weather conditions that morning.
Hill’s defence, Michael Clare, told the court his client’s driving was careless, but not dangerous, a conclusion the jury ultimately agreed with following four-and-a-half hours of deliberation.
The judge, Anthony Bate, has adjourned sentence until October 3 so a pre-sentence report can be prepared and called the case “sensitive and sad”.
Following Ms Tye’s death the East District branch of Cycling Time Trials, the national governing body for time trials in England and Wales, has suspended races on dual carriageways.
National Highways, the body responsible for England’s motorways and some A-roads, warned of the “significant dangers” of holding time trials on major roads. National Highways has not commented since Hill was charged and admitted it was his driving that caused the collision.
“For a number of years, we have warned the groups about the significant dangers in running time trials on major A-roads. But from a legal perspective there is nothing we can do to stop them,” the organisation’s spokesperson said back in 2022.
The East District branch of Cycling Time Trials suspended dual carriageway time trials for the rest of 2022, but secretary Mike Johnson pointed out the group complied with all of the legal requirements associated with running time trials, including providing the police with 28 days’ notice of an event, a description of the course, and the number of competitors and names of officials.
“Everything is very rigidly controlled,” Johnson said. “Police are informed so they know where and when events are taking place, they are only held during hours of light traffic and signs are put out, especially at junctions where traffic comes on to the A11.
“All cyclists also now have to use front and rear lights, which you see from half a mile away, so there is really no excuse for any accidents [collisions] at all.”
Ms Tye worked as a manager at Hadleigh Town Council, the local authority’s mayor Frank Minns paying tribute to a “dynamic and determined” former colleague.
“She was at the council for about 15 months and she was quite a dynamic and determined person and unmistakably from Yorkshire,” he commented. “She was a fine and honest person and I had quite a close working relationship with her and whatever I achieved I would not have managed without her support.”
Following her death, Cheryl’s husband Chris, who was also taking part in the time trial, paid tribute to his wife on social media, writing: “She loved doing triathlons and all sport, gardening and looking after four gerbils. She touched everyone she came across in a positive way and will be sorely missed. She was my soulmate, a beautiful spirit and I loved the time I had with her.”