Brian Tozer was found at the Folly Roundabout in Andover by a passing driver at 12:45am, with “very serious and life threatening injuries”. He passed away later the same day at Southampton General Hospital.
Tozer had been using a crossing at Redon Way (which is only a couple of metres before the give way line for the roundabout) in a westerly direction when he was struck by a Mazda driven by Michael O’Shea. He was thrown first onto the car’s bonnet and windscreen, and ended up nine metres forward of the collision point on the roundabout itself, where he was discovered. The estimated speed at which O’Shea must have been travelling on approaching the roundabout is not reported.
O’Shea was originally arrested on suspicion of causing serious injury by dangerous driving (at which time Tozer remained gravely ill in hospital) but was eventually charged only with failing to stop at the scene of a collision. He pleaded guilty and in September 2016 was sentenced by magistrates to a five month suspended sentence and 250 hours of unpaid work. His defence lawyer had pleaded for him not to receive a custodial sentence, citing “undiagnosed learning difficulties”. After walking free, a smiling O’Shea reportedly “made obscene gestures to reporters”.
At an inquest into Tozer’s death, O’Shea stated that he didn’t see Tozer “until he was literally right in front of me,” adding that “he came off the bike and maybe the left side of his body hit my bonnet then he fell to the floor.” (Though note that Tozer would have been hit on his right side.) Coroner Graeme Short said that mounds of earth from roadworks may have contributed to O’Shea’s failure to see Tozer. He concluded that “Brian Tozer died as a result of a road traffic collision. I am not calling this an accident, it was a collision.”
The CPS stated that “the forensic collision team concluded that Mr O’Shea was not at fault for the accident and there was no evidence of bad or poor driving.”