A MOTORIST "punched and choked" a cyclist in a road rage type assault on a steep and narrow Lake District pass, a jury heard.
The alleged violence happened on Hardknott Pass on Saturday, May 15, 2021, after cyclist Lee Kermode was “clipped” on the arm by the passing Volvo driven by 36-year-old James French, who denies actual bodily harm assault.
Mr Kermode recalled striking the Volvo after the contact and yelling the word “idiot”. It was moments after this, the jury heard, that French pulled over, blocking the cyclist’s path, before getting out of his car and attacking Mr Kermode.
The defendant later told police he had acted in self-defence after he was attacked. Prosecutor Neil Bisarya opened the case for the prosecution.
He told the jury: “In essence, it’s an allegation of road rage.” He outlined the facts as alleged by the prosecution.
The barrister described how Mr Kermode had been on a cycling trip with a group of friends in the Lake District and their route included the Wrynose and Harknott passes, both being steep, single-track roads with passing places.
At Harknott Pass, Mr Kermode separated from his friends and rode on, uphill, towards Ambleside. At one point, he became aware of a Volvo driving up behind him and, as he approached a passing place, he “tucked in” to let it pass.
“What actually happened was that the Volvo passed by so close to Mr Kermode that it clipped his right arm with the nearside wing-mirror.
“Mr Kermode stopped, and shouted “Idiot” and he hit the nearside of the Volvo with the outside of his hand to make the driver aware of how close he was to him. Mr Kermode felt that the driver had done this [driven so close to him] on purpose in retaliation for being stuck behind him.”
Next, continued the prosecutor, the Volvo pulled over and French got out, walking straight back towards the cyclist, shouting: “You should have stopped and let me go past.”
Mr Bisarya continued: “It’s alleged that the defendant punched Lee Kermode on the nose and then again on the mouth. The defendant then put Mr Kermode into a choke hold, wrestling him to the ground.
“Lee Kermode was still straddling his bike when the altercation took place and both men fell to the ground and on to the bike, causing the bike frame to crack in three places. The defendant stood over Mr Kermode and started to strangle him with both hands.
“Lee Kermode said the defendant continued strangling him with such force that he could not breathe or make a sound.” The alleged victim felt himself growing weaker and feared he was going to be killed, the jury heard.
The violence ended, said Mr Bisarya, when a woman motorist, thinking there had been an accident, stopped to offer help.
Two fellow cyclists later reported seeing the defendant’s Volvo further along the valley, parked in a passing place, with French standing at the rear of the car and holding a wrench.
When he was interviewed by the police, French, of Speakman Road, Denton’s Green, St Helens, said it was Mr Kermode who attacked him.
Mr Bisarya said: “He said he was the victim and that Lee Kermode had damaged his car and assaulted him, appearing at the driver’s door to attack him. He said he stopped his car and Lee Kermode rode alongside his car on the driver’s side and leant through the window and started to assault him while he was still in the driver’s seat.
The defendant said he got out of his car and Lee Kermode was still assaulting him. He said he restrained him by placing his arm across his body.
Referring to the wrench, the defendant said that the tools in his car boot had become lose and he was simply putting it away. He claimed that he had acted in self-defence. The trial continues
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