THE TRIAL of a tractor-driving pensioner has been adjourned after an issues with a witness statement left the court unable to continue proceedings.
Michael Joseph Pearce, aged 76, of Newmill, near Penzance, appeared at Truro Magistrates' Court today on one count of allegedly driving a mechanically propelled vehicle on a road or in a public place without due care and attention after a collision with two cyclists left one 'critically' injured.
Magistrates heard evidence from three witnesses for Crown Prosecution Service which says its case is seeking to prove that the defendant had "driven in a way that fell below what would be expected of a careful driver.
The Crown's first two witnesses were the two cyclists involved in the collision, Nick Saffin and Madeline Evans.
Saffin and Evans, who both described themselves as 'keen cyclists,' were both injured after a collision with a tractor and trailer near Penzance on May 19, 2021.
Just before midday, police were called to the collision 200 metres from Trythall Community School in New Mill, near Penzance.
The driver of the tractor with trailer had "collided directly" with two pedal cycles, said a police spokesperson at the time.
Both were seriously injured and taken to hospital.
During the trial, Saffin told magistrates that the weather on the day had been "unbroken sunshine" and that road conditions were "dry and good."
He continued: "We were going in the direction of the school, I was ahead of Maddy.
"That's when we became aware of the tractor, it was coming around the corner ahead of us and I could see it coming down the hill towards us.
"As soon as we saw the tractor I gave warning to Maddy and we pulled in to the side of the road.
"I was as far as I could move over because at that point it was clear the tractor wasn't slowing down and was far too close."
The witness went on to tell magistrates that he believed he would have been visible to Pearce and described the feeling of "being catapulted" as the tractor impacted him saying: "It was enough to throw me into the air."
Madeline Evans was the prosecution's second witness and told magistrates: "Nick was ahead of me and I noticed him start to slow down, he was coming up to the corner and could see something coming behind the bend.
"I responded to the fact he'd slowed down and slowed down myself.
"As soon as I saw Nick put his foot down and unclip from the cleat I saw a tractor was coming round the bend.
"It struck my shoulder and I don't remember anything after that.
"There wasn't enough space for a tractor and a cyclist, it was far too narrow at the point the impact happened."
The prosecution then heard from Michael Small who had been driving along the same road at the time of the accident.
Small explained to magistrates: "What I've seen I'll never forget.
"I was on my way home after pumping my fishing vessel out.
"After turning at the top of the road I overtook a lady on a bicycle, she was going down the hill with me, then I came round to a nasty sharp right before the school.
"I caught up to the tractor and trailer and the rest unfolds.
"He took a wide approach in the space that he had to drive through, he did that and still never touched his brake.
"Then he drove through like he had enough room."
"It was almost like the wheel didn't hit him but he hit the wheel.
"As soon as I heard that I was sounding my horn trying to stop the tractor."
The case was adjourned as the prosecution's last witness had taken issue with their statement and would need to give a new one and proceedings will resume tomorrow morning.
The trial continues.
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