"We Need To Find What Works For Jersey"

Wednesday, 20 January 2021 15:02

A Jersey backbencher says 'we need to find what works for Jersey' in regard to keeping people safe on the island's roads.

It follows a petition calling for more vulnerable road users to be protected.

A petition to create 'Freddie's Law', after no-one was prosecuted despite 14-year-old cyclist Freddie Dentskevich being left unconscious on the side of the road, has been signed nearly 3,500 times.

Deputy Kevin Pamplin says he's particularly concerned given the island has a lack of shared space.

"We have seen more and more people walking, we've seen more and more young people walking and cycling to school, going out, wanting to be outside.

"The timing of all of this is coming to the point where what can we do? Can we change laws, can we change cultures, can we do stuff better? I think we can. It's our responsibility to look at that.

In crashes involving vulnerable road users, presumed liability would find the more powerful road user, like the driver of a car, liable by default, unless proven otherwise.

The Attorney General says that is not part of Jersey law - and making a change would not only go against the approach that it's for a prosecution to prove a charge, but also likely go against human rights - where someone charged with a criminal offence is presumed innocent until proven guilty.

Freddie's mum Joanna says it is clear from the number of people who've been in touch that the incident with her son is not an isolated case.

"From what happened to Freddie, it was the worst phone call you could get as a parent, but if one thing comes out of this, if we can change this and just stop this happening in the future, it has to be the best that can come from this situation."

Deputy Pamplin says, based on the Attorney General's words to the States Assembly, presumed liability is 'probably a step too far', but has suggested a return 'to more simple ways'.

"We've got limited share space, we all are responsible for each other and we've all gone through something that has made us reevaluate and we're all tired and all frustrated.

"Let's turn that into something positive and find something. If we can improve the law, if we can improve a way of doing things, let's do that."

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