Deliveroo rider killed cyclist in e-bike crash

Angela Ferguson
BBC News, Yorkshire
Handout Vincent Cullinane is wearing glasses and a green baseball cap. He is smiling while pictured in front of a dart board.Handout
Vincent Cullinane died 19 days after he was injured in the crash

A Deliveroo courier who modified his e-bike so that it was classed as a motorcycle killed another cyclist while riding it, a court heard.

Oury Amadou Diallo, 22, admitted causing the death of Vincent Cullinane by careless driving after the two men collided in Leeds in April 2022.

They were cycling in opposite directions along a pavement on East Street when they struck each other on a blind bend.

At Leeds Crown Court on Monday, Judge Mushtaq Khokhar handed Guinean migrant Diallo a seven-month prison sentence, suspended for 18 months, and said it was a "serious and tragic" case.

Mr Cullinane, 51, died 19 days after the crash, which occurred while Diallo, of Meynell Approach, Holbeck, was looking at the sat-nav device on his bike.

Diallo, who spoke through a French interpreter, also pleaded guilty to driving without a licence and insurance. Judge Khokhar ordered him to carry out 200 hours of community service, 15 rehabilitation activity days and to pay £1,000 in costs. He was banned from driving for four years.

The judge added that the sentence would "do nothing in any way either to lessen the grief" suffered by Mr Cullinane's family.

The court heard Diallo had fitted a motor to his bicycle that meant it was capable of reaching speeds of 32mph, although it had not been activated at the time of the collision because the battery was flat.

CCTV footage showed neither man was wearing a helmet, but it was not possible to calculate their speeds.

Judge Khokhar told the court there was "very little difference" in the culpability of both riders but that if Diallo had been on the road and licensed then Mr Cullinane's death could have been avoided.

"Neither of you had the right to be on that pavement," he said.

He added that both men should have taken greater care due to the blind bend and not having clear sight ahead at the time of the crash.

'Motor bought online'

Diallo had been advised to buy the motor online by fellow riders working for food delivery apps.

He told the court that he had not seen Mr Cullinane approach because he had been looking at the sat-nav, and had tried to swerve.

Prosecuting, Michael Smith said Diallo only held a provisional driving licence and had been working for Deliveroo at the time of the collision.

He was not licensed to drive the modified vehicle and had not undergone basic training required before riding a motorcycle on roads.

Mitigating, Graham Parkin said Diallo had moved to the UK from West Africa in 2021 to live with his father.

He had no previous convictions and had "worked hard" to support his family.

He added that Diallo accepted he had not read the instructions for the motor properly but had tried to assist the injured Mr Cullinane at the scene.

The court heard that Mr Cullinane's two brothers, David and Andrew, his son Kyle and his mother had all written victim statements in which they said he was "much loved and missed" by them.

The statements said he "loved cycling" and "would cycle everywhere".

Any bike that travels faster than 15.5mph and has more than a 250 watt output is classed as a motor vehicle and is therefore subject to the Road Traffic Act.

The government regulations on e-bikes state they can be used on public roads without a licence or insurance provided that:

- Cycles are fitted with pedals that are capable of propelling the bike.

- Maximum continuous rated power of the electric motor does not exceed 250 watts.

- Electrical assistance must cut off when the vehicle reaches 15.5mph (25km/h).

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