'Pathetic' fine for Hell Rider

A MAGISTRATE has declared "pathetic" a $400 traffic fine he imposed on Hell Ride cyclist who struck an elderly pedestrian, who died later in hospital.

A MAGISTRATE has declared "pathetic" a $400 traffic fine he imposed on Hell Ride cyclist who struck an elderly pedestrian, who died later in hospital.

William-Raisin Shaw, 30, of St Kilda, pleaded guilty today to a charge of failing to stop at a red light. He slammed into 77-year-old James Gould as he crossed Beach Rd at Mentone on a green signal on August 26 last year.

Magistrate Charlie Rozencwajg opted to give Mr Raisin-Shaw below the maximum penalty of $500.
The Hell Ride is an informal Saturday morning ride from Black Rock to Mt Eliza and back.

Mr Rozencwajg told Melbourne Magistrates Court there were bike paths along the Mornington Peninsula, "but if you have got a group like that they are not going to be two by two".

"This situation really highlights the incongruous state of the law because there are such severe consequences of your riding on this particular day...namely the loss of the life of James Gould," Mr Rozencwajg said.

"I'm now going to impose what everybody would consider a pathetic fine of $400.

"It has got to be made clear it is not an offence involving injury for the death of an individual."

Mr Rozenswajg said intermediate legislation should be considered, which could apply to similar cases where the penalty may be seen as inappropriate.

Defence lawyer Michael Sharpley asked Mr Rozencwajg to consider the pressure exerted on his client by other cyclists.

He said Mr Raisin-Shaw found himself in the middle of a pack, some who yelled "rolling, rolling" to indicate their intention to run the red light.

"One must not underestimate group dynamics and group pressure," Mr Sharpley said.

Prosecutor Sen-Constable Amber-Lea Brown said traffic lights were clearly visible, and the signal had been green for three or four seconds before Mr Raisin-Shaw and several others rode through.
She said he told police: "I couldn't stop safely in time".

The force of the crash knocked Mr Gould heavily onto his back and head. He died in the Alfred Hospital the next day from his injuries.

An inquest into Mr Gould's death found "bunching" cyclists travelling at great speed would lead to catastrophe.

State Coroner Graeme Johnstone said the Hell Ride was not a suitable event for suburban streets or main roads. In his finding, Mr Johnstone highlighted a police submission which said the Hell Ride had ``degenerated into a disorganised race''.

He did not single-out Mr Raisin-Shaw as responsible for Mr Gould's death.