A cyclist who was struck by a police officer in a marked vehicle was “reckless,” according to a recent court decision that found the officer not guilty of careless driving.
Cpl. Phillip DiBattista, with the Central Saanich Police Service, was charged with one count of driving without due care and attention last year. He was acquitted after a two-day trial last month.
The crash occurred just after 10 p.m., according to Judge Wilson Lee’s decision. DiBattista was a constable at the time of the 2024 crash and was on the phone with his wife when he struck the cyclist, the court heard.
DiBattista was on duty at the time.
“When the collision occurred, Const. DiBattista stopped the Tahoe. It was only after he exited the car that he heard the groans of (the cyclist) and realized that he had struck a person. Const. DiBattista then returned to the Tahoe, activated the emergency lights, and ended the call with his wife,” the judge’s decision said.
“He then went to assist Mr. Magee.”
Crown counsel argued that the officer was reading his wife a text message, which DiBattista said was not the case—telling the court his phone was in the vehicle’s cupholder and that he was operating it hands-free.
Lee found Crown had not proven beyond a reasonable doubt that DiBattista was reading a text message at the time.
The judge also had to consider whether DiBattista “could have avoided” crashing into the cyclist, which Lee found had also not been proven given the evidence that the cyclist would only have been visible to the officer for “one or two seconds” before the collision.
Further, the decision noted that cyclists are expected to comply with sections of the Motor Vehicle Act that require “lights and reflectors” on their bikes.
“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,” Lee wrote.
“This is reckless behaviour on the part of (the cyclist), which a reasonably prudent driver would not expect.”
The Central Saanich Police Service issued a statement after the acquittal, noting the cyclist’s injuries required medical treatment but did not rise to the threshold of “serious harm” as defined by the province’s Police Act.
“The Central Saanich Police Service recognizes that this incident was concerning to members of our community and to the individuals directly involved,” the statement said.
“We respect the court’s decision and remain committed to accountability, transparency, and the safe operation of our vehicles at all times.”
