Man guilty of dangerous driving

Richard Watts, Times Colonist

Published: Wednesday, March 15, 2006

Robert Fayle, charged in connection with what police originally described as an act of anti-cyclist road rage, was found guilty Tuesday of dangerous driving causing bodily harm.

Fayle was facing two charges in Victoria provincial court, assault with a weapon (his delivery-style cube van) and dangerous driving causing bodily harm. Both charges were laid in connection with a July 10, 2004, incident when he knocked Darwyn Rowland off his bicycle.

But in delivering his verdict, Judge Brian MacKenzie said he could not conclude beyond a reasonable doubt there had been an assault.

On the charge of dangerous driving, MacKenzie said recent court rulings have narrowed the legal definition of dangerous driving, making negligence a key issue. And on that basis the judge found Fayle guilty.The judge found the 62-year-old Fayle struck Rowland, a 40-year-old avid cyclist and triathlete, while Rowland was cycling within the paved shoulder lane marked off with a solid white line on Wilkinson Road. Rowland "put his left arm up, the truck kept coming and contact was made."

Rowland was severely injured and was in hospital for six days. A lung collapsed and needed to be re-inflated. A shoulder was injured, requiring surgery recently. An ankle may also require surgery.Initially, police characterized the collision as road rage directed against cyclists. And the Crown built a case to show Fayle was involved in an escalating series of confrontations with cyclists.

Witnesses testified that in the short time preceding the collision, they saw Fayle, stopped at a light, arguing with two other cyclists travelling in the opposite direction. And one of those cyclists flipped Fayle the finger.

Other evidence indicated Fayle later came upon Rowland cycling alone along Wilkinson Road and brushed dangerously close with his van as he passed. Later, after Rowland had moved ahead of Fayle, who was stopped for a light, Fayle's van collided with Rowland, witnesses said.

Fayle, and his 15-year-old grandson who was a passenger, testified the cyclist swerved right in front of them. Fayle said he swerved wide to avoid him. Then he swerved back to avoid oncoming traffic, but he had not moved far enough past the cyclist and hit him.

MacKenzie said he didn't accept the evidence from Fayle and his grandson about the cyclist swerving deliberately in front of their vehicle, a move he recalled the Crown describing as "suicidal."

"I am satisfied that at all times Mr. Rowland was operating his bicycle in an appropriate fashion," said the judge.

Outside the courtroom, Rowland said he will take some solace from the judge's findings about his cycling behaviour. He did, however, express some frustration there was no conviction on the assault charge.

Rowland also expressed frustration over what seems to him a slow recovery. His arm is still in a sling from shoulder surgery five weeks ago. He said he has only recently grown strong enough to cut his own food. And he's been told to expect the recovery to take several more months.

He has been off work from his job as a nurse. Nor can he return to his own practice as a specialized rehabilitation therapist, performing deep-tissue massage therapy. Rowland said he just isn't strong enough.

The case generated big interest in Victoria's cycling community. Most called for motorists to take note. But on Tuesday, Anke van Leeuwen, of the Greater Victoria Cycling Coalition, said the case should also remind cyclists to mind their manners.

"If a cyclist flips a finger at a driver, we are all going to wear that, all cyclists are going to be subjected to that anger," said van Leeuwen.

Fayle will be sentenced at a later date.

© Times Colonist (Victoria) 2006