Anguish as 
jury fails to reach verdict on cycle death

Ruby Milnes, 17, was on her way home from college when she was knocked over by a 14-tonne truck delivering portable toilets to the racecourse in 2008.

A jury was deliberating over whether York Racecourse Knavesmire LLP breached health and safety regulations in the way it received deliveries after charges were brought by the Health and Safety Executive (HSE).

But the three men and nine women told the judge on the 11th day of the trial at York Crown Court yesterday that there was no prospect of them reaching a verdict.

In a statement, Ruby’s parents David and Allison Milnes said they were “hugely disappointed the jury couldn’t reach a verdict”.

“The case took an extraordinarily long time to reach court, which was very difficult for our family. Ruby’s younger brothers and sisters have grown up in the shadow of this tragedy and with this case always looming. We’d looked forward to finally being able to put it behind us.

“When the tragedy happened we couldn’t understand why our daughter was killed on a traffic-free, off-road cycle path.”

Mr and Mrs Milnes said they thought their daughter was the first cyclist to be killed on an off-road cycle path and added: “We hope, despite the inconclusive result, the publicity this case has engendered to date will prompt all organisations to consider the safety of cyclists passing through their areas of control. Hopefully, it’ll be Ruby’s legacy to be the last cyclist killed in this way.”

Ruby was cycling home along the York to Selby cycle path when she was hit by the lorry travelling along a private road that crosses the path south near the Bishopthorpe Road car parks.

Prosecutors argued lorry driver Stephen Todd was unaware he was approaching a junction because “there was nothing to clearly indicate the presence of a cycle path” while Ruby would not have seen the lorry.

York Racecourse denied failing to ensure the safety of people not in its employment and failure to carry out a risk assessment in connection with vehicles using the road.

An HSE spokeswoman said: “We are disappointed the jury was unable to reach a verdict. We will look at where we are and will be talking to our legal people over the coming weeks to see where we go from here.”

York Racecourse declined to comment.