B.C. judge acquits officer who struck cyclist riding without lights in Central Saanich

A B.C. judge found Cpl. Phillip DiBattista not guilty of careless driving, ruling the cyclist was "reckless" for riding without lights or reflectors.

Central Saanich officer cleared after cyclist struck on unlit road

A British Columbia judge has acquitted a Central Saanich police officer charged with careless driving after he struck a cyclist on a darkened semi-rural road, ruling that the cyclist's decision to ride without lights or reflectors was "reckless," cp24.com reports.

Cpl. Phillip DiBattista, of the Central Saanich Police Service, faced one count of driving without due care and attention following a 2024 collision. Judge Wilson Lee delivered his not-guilty verdict after a two-day trial last month.

The crash occurred just after 10 p.m. DiBattista — then holding the rank of constable — was on duty and speaking hands-free with his wife when his marked Tahoe struck the cyclist. According to Lee's written decision, DiBattista only became aware he had hit a person after stopping and stepping out of the vehicle, when he heard the injured man groaning. He then reactivated the emergency lights, ended the call, and went to assist the cyclist, identified in the ruling as Mr. Magee.

Crown counsel argued DiBattista had been reading a text message at the time of the collision. DiBattista told the court his phone was in the cupholder and that he was using a hands-free connection. Lee found the Crown had not proven beyond a reasonable doubt that DiBattista was reading a message.

The judge also considered whether the officer could have avoided the collision. Lee concluded that had not been proven either, citing evidence that the cyclist would have been visible for "one or two seconds" before impact.

Central to the acquittal was the cyclist's failure to comply with provisions of the Motor Vehicle Act requiring lights and reflectors on bicycles. Lee wrote that "a reasonably prudent driver on a semi-rural country road with no streetlights would not anticipate the presence of a cyclist wearing dark clothing and riding without lights or reflectors," calling that "reckless behaviour on the part of [the cyclist], which a reasonably prudent driver would not expect."

Following the verdict, the Central Saanich Police Service issued a statement acknowledging the incident had been "concerning to members of our community." The service noted that the cyclist's injuries required medical treatment but did not meet the threshold of "serious harm" as defined under the province's Police Act.

"We respect the court's decision and remain committed to accountability, transparency, and the safe operation of our vehicles at all times," the statement read.

Source: Google News CA — Crime (EN)