Harrogate Porsche driver who killed cyclist not guilty of dangerous driving

A Porsche driver who killed a cyclist while allegedly using his phone has been found not guilty of causing death by dangerous driving.

James Bryan, 37, was rushing to get some shopping for his parents during the covid lockdown when his Porsche Carrera 911 ploughed into the back of a bicycle ridden by married father-of-two Andrew Jackson, 36, on the A168 between Wetherby and Boroughbridge, York Crown Court heard.

The prosecution claimed that at the time of the collision, Mr Bryan had been using his mobile and pointed to evidence that showed his Facebook and Instagram accounts were open.

A jury essentially had to decide the case on the single issue of whether Mr Bryan had been using his phone at the time of the fatal crash, which occurred on the afternoon of May 10, 2020.

Mr Bryan denied he was using his phone.

After deliberating long into the afternoon today (Friday, September 23), the jury found him not guilty of causing death by dangerous driving. However, he had already admitted causing death by careless driving and will be sentenced for that offence in October.

Social media claims

During the trial, which began earlier this week, prosecutor Anne Richardson alleged that in the moments before the crash at Allerton Park, Mr Bryan must have been distracted by “something” because Mr Jackson was clearly visible.

She claimed that evidence showed he must have been looking at, scrolling through, or reading posts on social media.

Mr Bryan had taken cocaine and been drinking at his friend’s house in Cheshire the night before the fatal collision at Rabbit Hill Park.

A roadside test in the aftermath of the crash showed that although he wasn’t over the limit for either drink or drugs, there were traces of cocaine, or a cocaine breakdown product, in his system.

Ms Richardson claimed that Bryan, who celebrated his 35th birthday just two days before the accident, would have been impaired by the drugs in his system and from being hungover and tired from the alcohol and festivities the night before.

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He was on the way to drop some groceries off at his parents’ house who were isolating during the covid lockdown when the accident occurred at about 1.40pm. Ms Richardson said:

“The front of the Porsche collided with the rear of Mr Jackson’s bike and Andrew Jackson came off his bike, went up in the air and hit his head on the windscreen and roof of the car, and landed on the road behind the car.

“He was pronounced dead at the scene by an off-duty intensive-care consultant.”

“This is an incredibly sad case. A young mother has lost her husband and father to two (very young) children. Her in-laws have lost their only son.”

Mr Bryan, of St Mary’s Avenue, Harrogate, was arrested and charged with causing death by dangerous driving. He denied the allegation but admitted causing death by careless driving in that he didn’t leave enough room to drive around the bicycle.

Ms Richardson claimed Mr Bryan’s driving was dangerous because he “wasn’t looking at the road ahead of him” as his car approached Mr Jackson.

Died from head injuries

Mr Bryan – who had been at a birthday barbecue in Wilmslow the night before and set off for home early the following morning – called 999 moments after the accident and told a call operator he thought the cyclist was dead.

Other motorists, including the off-duty doctor and his medically trained wife, were on the scene in minutes and called police and an ambulance, but Mr Jackson had already died from head injuries.

Forensic analysis of Mr Bryan’s phone showed that it was unlocked in the moments before the crash and the Instagram and Facebook apps were open.

Mr Bryan was taken in for questioning and told police that Mr Jackson, who lived locally, “came out of nowhere” but then claimed the cyclist had veered into the middle of the road and that he had tried to overtake him, only for the cyclist to “swerve into my path”.

An accident investigator who carried out a reconstruction of the accident said the bike was not in the middle of the road, but on the edge of the carriageway, near a grass verge, and that Mr Bryan had not tried to move around the bicycle.

In one message found on Mr Bryan’s phone on the way back from Cheshire, he told a friend he was hungover from the night before and was “concerned about being late for his parents with their shopping”.

In another sent by Mr Bryan to a female friend while he was at the birthday party the previous night, he told her: “I’m so drunk I can’t see.”

Defence barrister Sophia Dower claimed that Mr Bryan was in a “fit and proper state” to drive and was not using his phone at the time of the crash.

She claimed that Mr Jackson’s bike had veered right from the edge of the road into the path of Mr Bryan’s black Porsche, and that her client “didn’t have enough time to react”.

The off-duty doctor who was at the scene said Mr Jackson had suffered a serious head injury and his helmet was broken.

Mr Bryan will be sentenced on October 21.

Jackson family statement

The Jackson family issued the following statement yesterday after the verdict:

“The outcome from today doesn’t change anything for us; we are still learning to live with the gaping hole in our lives left by Andrew.

“However, it is important we were here to represent Andrew, to get justice for him and to show just how much he is still loved and missed.

“We all deserve to feel safe on our roads and to make it home to our loved ones.

“We respectfully ask for time and space for our family to process the events of this week as we continue to grieve for our husband, father, son and friend.”

 

 

 

 

 

 

 

Harrogate district planning rules could be ‘radically streamlined’

Businesses in the Harrogate district could receive major tax cuts and fewer restrictions on building as part of a government announcement today.

Ministers revealed North Yorkshire County Council is one of 38 local authorities it is talking to about becoming investment zones.

The government has said the zones will “will drive growth and unlock housing across the UK by lowering taxes and liberalising planning frameworks”.

However, a union has warned they could lead to poorer public services and a race to the bottom on employment terms.

The government has written to local leaders in every part of England inviting them to begin discussions on setting up zones in their area. Conservative-controlled North Yorkshire County Council was today confirmed as one of 38 that are keen to be involved.

The government has said the zones will receive lower taxes and ‘radically streamlined’ planning rules.

Businesses will get 100% business rates relief on newly occupied and expanded premises, full stamp duty land tax relief on land bought for commercial or residential development and a zero rate for employer national insurance contributions on new employee earnings up to £50,270 per year.

To incentivise investment, there will be a 100% first year enhanced capital allowance relief for plant and machinery used within designated sites and accelerated enhanced structures and buildings allowance relief of 20% per year.

Kwasi Kwarteng, Chancellor of the Exchequer, who announced a "mini-budget" today.

Kwasi Kwarteng

Chancellor Kwasi Kwarteng said:

“That is an unprecedented set of tax incentives for businesses to invest, to build and to create jobs right across the country.

“If we really want to level up, we need to unleash the power of the private sector.”

‘Race to the bottom’

But the zones, which build on the government’s freeports initiative, was criticised by the North Yorkshire branch of Unison.

A spokesman for the union said:

“Our nervousness, which is probably shared by residents of North Yorkshire, is around a race to the bottom by deregulation.”

The spokesman said the zones set local authorities against each other and would be bad for public services, as well as ushering in a “lower standard of planning”.

He also warned it could lead to businesses in non-zone areas cutting wages and standards to compete. He added:

“I don’t blame local authorities for applying but what we need from government is a strategy that goes for a high skill, high wage economy rather than pitting one local authority against another.”

North Yorkshire County Council has been approached for comment.

 

 

 

Harrogate district business groups cautiously welcome mini-budget

Business groups in the Harroagate district have broadly welcomed today’s financial measures introduced by Chancellor Kwasi Kwarteng.

Mr Kwarteng announced a mini-budget in the House of Commons this morning.

It included cutting income tax, stamp duty and reversing the rise in National Insurance contributions and corporation tax.

Mr Kwarteng also lifted the cap on bankers’ bonuses and heralded the measures as a “new era” for the UK economy.

David Simister, chief executive of Harrogate District Chamber of Commerce, said he welcomed some of the measures.

He said:

“The UK’s economic situation is very fragile, we are technically in recession, inflation is putting pressure on household budgets and an increase in interest rates will put a strain on many homeowners’ budgets.

“The aim of this emergency budget is to stimulate the economy by cutting taxes and giving people more money in their pockets.

“The scrapping of the national insurance rise and reversing the increase in corporation tax is certainly good news for businesses large and small.

“Employees across the board will benefit from the NI reduction, as well as the cut in the basic rate of income tax, but the latter won’t be felt until after next April. Cutting the cap on bankers’ bonuses is a contentious issue for some, but it is designed to attract the brightest and the best in the industry to the UK.”

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Ripon BID welcomes corporation tax move

Lilla Bathurst, manager at Ripon Business Improvement District, said it remained to be seen if the planned tax cuts will work.

She said:

“Ripon BID welcomes the scrapping of the planned increase in corporation tax and the reduction of national insurance contributions  and the relief this will bring to businesses and employees.  It remains to be seen if these tax cuts will generate sufficient growth to off-set the tax the Chancellor has given up.

“Ripon BID is disappointed that the government did not follow the recommendations set out in the BusinessSOS campaign, supported by over 150 Business Improvement Districts including Ripon BID.  We asked for a package of measures including business rates relief and a reduction in headline VAT rates for retail, leisure and hospitality.

“The previous announcement of support for businesses energy bills was welcomed but as stated previously we feel did not go far enough and uncertainty remains.”

Knaresborough chamber warms of business failures

Knaresborough Chamber of Trade and Commerce said it welcomed the cut in corporation tax, but added that this winter will still be difficult for many businesses.

Chamber executive member Peter Lacey said:

“I like to be positive, but can’t say I’m confident that we’ll not see business failures in the coming months.

“We’re committed to supporting the businesses of the town and its surrounding area but recognise that we’ll need to redouble our efforts in the current economic climate.”

Nidderdale chamber: measures ‘give confidence’

Meanwhile, Tim Ledbetter, chair of Nidderdale Chamber of Trade, said:

“We welcome measures announced by the government today, whilst reserving judgement on many of them until the finer detail has been analysed.

“The measures will hopefully give confidence to the public and businesses who understandably have had their confidence rocked by events, not just in this country but from around the world.

“I suppose with the cancellation of the planned rise in duty on beer, wine and spirits people can at least either celebrate or if disappointed with the measures drown their sorrow.”

Police appeal after man exposed himself to 16-year-old girl in Harrogate

A man exposed himself in front of a 16-year-old girl in Harrogate yesterday afternoon.

Police are appealing for witnesses to the incident, which took place on Wheatlands Road East, between Rayleigh Road and Hornbeam Crescent, at 4.15pm.

The man is described as white, in his late teens, with strawberry blonde short hair. He was around 5ft 9ins tall and described as slim build, wearing baggy clothes, a black hoody and grey jogging bottoms.

A spokesperson for North Yorkshire Police said:

“We’ve launched a full investigation and are asking anyone who witnessed this incident or has any information that could assist to please come forward.”

To provide information to the police, call 101, select option two and ask for David Kaye, or email david.kaye@northyorkshire.police.uk, quoting reference 12220170157.

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Wanted Harrogate man arrested

Police have arrested a wanted Harrogate man.

Officers issued an appeal for the whereabouts of a 30-year-old man, who was believed to be in either the Harrogate or Knaresborough area.

The force has since confirmed that he has been arrested in the Blackpool area on suspicion of offences connected to a serious assault.

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Man trying door handles in Harrogate arrested after police chase

A suspected thief has been arrested after police responded to reports of a man trying car door handles in Harrogate.

Officers spotted the suspect inside a vehicle in the Knaresborough Road area at about 8.20pm last night.

According to North Yorkshire Police, the man ran off when he saw police and was detained following a short foot chase. Officers then found what are believed to be stolen items in his possession.

Further enquiries showed he was also wanted by police in connection with burglaries and he had only just been released from prison.

The man, who is in his 20s and of no fixed address, was arrested on suspicion of theft from a motor vehicle, vehicle interference and burglary.

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He has been taken into custody where he remains while enquiries continue.

A North Yorkshire Police spokesman said:

“We regularly patrol areas where vehicle crime has been reported, both on foot and with vehicle patrols.

“The two officers who dealt with this incident were able to apprehend a suspect very quickly and a full investigation is now under way.

“Anyone who has had items stolen from their vehicle, or has seen anyone acting suspiciously or trying door handles, should contact us on 101. If you witness a crime taking place, it’s 999.”

‘Winter wonderland’ plans to boost Harrogate this Christmas

An ice rink and a big wheel are set to come to Harrogate as part of this year’s Christmas festivities in the town.

Nick Rhodes, chief executive of Market Place Europe and John McGivern, destination events manager for Destination Harrogate, told Harrogate BID members last night about how Christmas will look in the town this year.

A “winter wonderland” will be created in Crescent Gardens, which will include the ice rink, apres ski, carousel and children’s rides.

Mr Rhodes said an expanded Christmas market will run from December 2 to December 11 with stalls on Cambridge Street, as well as “probably” Oxford Street and Cambridge Crescent.

Last year was the first event run together by the two organisations. Mr McGivern acknowledged there were some “teething problems” but said staff were working hard to make it bigger and better this year.

He said 90% of stallholders from last year have said they would like to return.

Mr McGivern said there was some feedback from last year about a lack of atmosphere but that covid hampered what they were able to offer.

He said this year will have more of a Christmas feel with the addition of carol singers, among other plans.

The popular Candy Cane Express road train will be back, but there will be two trains this year instead of one due to high demand.

The location is yet to be confirmed, but a 32m big wheel is likely to be placed at Harrogate’s war memorial where the helter skelter was last year.

The big wheel, ice rink, carousel and rides will be in place until January 8.

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Pop-up shop marks launch of new venture for popular Harrogate baker

A baker from Harrogate is turning her life-long passion into a career after years of preparation and planning.

Lizzie Warburton began baking at home as a child, but never considered it as a potential job despite her obvious talent.

She said:

“I’ve baked all my life. My grandma is a baker, and my mum – it’s what we have always done as a family.

“I did a foundation course in art and design, and went to uni to do graphics, but I decided it wasn’t the field I wanted to be in.

“I used to bake caked for friends at school, but I never thought of it as a job. Working at Harlow Carr, we used to do Friday bake-offs. Everyone said, ‘you need to go on the Great British Bake-off’ and I never thought about it seriously.

“But eventually I thought, ‘why am I not doing this? I love it’. “

Taking the plunge, Lizzie enrolled on a course at Leeds City College to give her the professional understanding she needed to back up her experience. Once finished, she and mum Sue opened The Kitchen, a coffee shop on Otley Road, in autumn 2016.

Starting with a small menu of light lunches and cakes, they soon became popular with locals and Lizzie’s cakes had a particularly strong reputation.

When events took place, such as the UCI Road World Championships which passed in front of the door in 2019, The Kitchen was packed with cycling enthusiasts and the cake bench laden with special creations which all disappeared by the end of the day.

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However, it was not Lizzie’s most ambitious bakes which proved the biggest hit during the five years the coffee shop was operating. She said:

“We made Mars bar crispies when we were kids and we thought they’d work well – I just updated it and added a layer of chocolate. They became our best seller, along with scones. Everybody still asks for them if I bump into any of our customers!

“Our Mars bar crispies would sell out every day. It’s the easiest thing – it takes 20 minutes to make. I’ve done all this training, learning how to make a cake properly, and it’s that simple childhood recipe that people love the most.”

When her parents decided not to renew the lease on The Kitchen last autumn and to move away, Lizzie knew her future was in baking.

She wanted to focus on her true passion and, before the coffee shop closed its doors for the final time, she began building up cake orders for birthdays and other celebrations. In many ways, the covid pandemic had actually helped her.

“When we were opening up, we started doing afternoon teas to deliver to people’s homes and that went really well. I knew people wanted a treat then, but I thought people would still want that even after covid.”

Though she knew what she wanted to do, Lizzie realised it would be some time before she would earn enough from her own baking to make a living. Over the last year, she has indulged her other passion: she has been working for a dog charity and a kennels, caring for animals and enjoying time outside.

A table full of Lizzie Warburton's cake creations for BakedAn array of Lizzie’s Baked creations

Meanwhile, she has tested the water by offering pre-ordered boxes of cakes on selected weekends, which have always proved a big hit with customers old and new. She has also been building up contacts for wholesale business, baking treats for other cafes and shops to sell to customers.

Now ready to launch her new venture, Baked, Lizzie is holding a pop-up shop this weekend at Oatlands Community Centre – just around the corner from her home.

She’ll spend this week creating a huge stash of goodies to sell on Saturday between 9am and noon, as well as taking pre-orders to be collected on the day.

A selection of favourites from The Kitchen will be on offer alongside new recipes she has been perfecting. However, Lizzie knows she’ll need to stock up on the famous Mars bar crispies:

“It’s crazy that that one thing went so mad, but it’s so nice because it’s such a nostalgic thing we had as children. I’m just going to have to do trays and trays of it!”

County leaders coy on referendum calls for Harrogate town council

North Yorkshire’s leaders are keeping their cards close to their chests in the face of calls for a referendum on the creation of a new Harrogate town council.

With local government reorganisation fast approaching, a consultation is currently underway on whether Harrogate should keep control of some key services and buildings by becoming a parished area.

But borough councillors were last night unanimous in their calls that the consultation does not go far enough and that a public vote is needed.

Cllr Richard Cooper, the Conservative leader of Harrogate Borough Council, told a meeting that the process of creating a town council would be a “sham” unless a ballot was held before residents are asked to pay an extra tax to fund it.

He put forward a motion which was supported by all political parties and called on North Yorkshire County Council to give “democratic legitimacy” to the town council plans by holding a vote.

However, when later asked by the Local Democracy Reporting Service, the county council refused to say whether a referendum would go ahead.

Cllr Carl Les, leader of the county council, said in a statement: 

“We will consider Harrogate Borough Council’s motion when and if it arrives, but we are in a period of consultation already about whether residents in that area want to continue with a governance review or not.”

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Currently, Harrogate and Scarborough are the only major towns in North Yorkshire not to be parished and there have been growing calls for new town councils to be created.

Those calls were first ignited when the government announced that North Yorkshire’s existing county and district councils would be scrapped from April 1 next year when a new unitary authority will take control of the whole county.

A central pledge in the major shake-up was what leaders described as a “double devolution” of powers, with plans for all town and parish councils to be given the chance to take on greater responsibilities.

Cllr Carl Les, leader of North Yorkshire County Council.

Cllr Carl Les, leader of North Yorkshire County Council.

This could include a Harrogate town council running services such as parks, tourism and events.

However, it remains unclear on exactly what responsibilities would be filtered down and how much residents would have to pay to fund them.

In Knaresborough and Ripon, residents currently pay their respective town and city councils £25.27 and £70.77 per year.

At last night’s meeting, Cllr Cooper said it was crucial that Harrogate residents knew how much they would pay and for which services before a town council is created.

He said: 

“Asking the public if they want a new town council without informing them what it might do and how much extra council tax they would have to pay is not a meaningful conversation.

“And if as everyone tells me that the people of Harrogate are clamouring for a town council, then what do we have to fear?”

Cllr Pat Marsh, leader of the Liberal Democrat group, also said: 

“I have absolutely no problem with a referendum – that is good liberal democracy.

“We can ask North Yorkshire to hold one, but I am slightly worried that they will reject it and continue with the process they have started.”

The areas which would be served by a Harrogate town council include:

To have your say on the current consultation, go to the county council website here.

LNER warns of nine days of disruption to Harrogate trains

Harrogate rail passengers have been warned to expect significant disruption to LNER services from October 1 to 9.

Major engineering works in the Newcastle area by Network Rail will affect many services on the LNER route during this period.

LNER operates six daily direct trains from Harrogate to London.

An LNER spokesman said:

“Journeys between Newcastle and Edinburgh will be affected, with some services diverted via the West Coast Main Line or by coach replacement, resulting in longer travel times.

“LNER services to and from Harrogate, Bradford, Lincoln, Middlesbrough, Thornaby, Hull, Selby, Brough and Sunderland will also be affected.

“Customers in these areas should use local services to connect with LNER services on the East Coast Main Line.”

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Some LNER services will also be amended on Monday, October 10 when the work is completed.

Rail strikes are scheduled to take place on October 1 and 5, causing further disruption to passengers on the York to Leeds service, which passes through Harrogate and Knaresborough, among other places.

The LNER spokesman added:

“We are reviewing the impact of this proposed action but expect an extremely limited timetable to be in place.

“During this period, we are advising customers to check before they travel and ensure they have a  seat reservation  as we are expecting trains to be extremely busy.”