AN MP has taken up the case of a devastated Lowton woman whose husband was killed by a death driver who escaped jail and was given a "derisory" £220 fine.
MP Ian McCartney has complained to the police complaints authority and the Crown Prosecution Service (CPS).
He said he was "outraged" by the injustice of the case.
June Bradley, 47, of Rowan Avenue, was shocked to learn Ian Benson, who has previous convictions for motoring offences, was given just a fine after pleading guilty to driving without due care and attention following the death of her husband.
He also admitted driving without insurance and without a driving licence.
He was originally given a five year driving ban and a curfew order for three months with £35 in costs.
But after Benson, 25, of Beech Hill Lane, Wigan, had appealed against his sentence, the curfew order was lifted and a £220 fine was imposed.
Mr McCartney said: "I am outraged by the circumstances that led to this innocent man's death and the trauma that has resulted for his family. I was very angry when I heard the details of this case. As a result, I have contacted the CPS asking why a death by dangerous driving charge has not been brought. I have also submitted a complaint on behalf of the family to the police complaints authority of the handling of the accident investigation."
Her husband John, 47, a popular scout leader, was struck by a Vauxhall Corsa car in a head-on collision while cycling along a country lane near Golborne in June last year.
An inquest heard how Benson had taken a sharp bend at 40 miles per hour on Riding Lane, knocking Mr Bradley 38 feet into a field.
After spending eight days at Hope Hospital in Manchester on a high dependency unit, he was taken to a specialist spinal unit in Sheffield.
He was diagnosed as being paralysed from the chest down following a severe swelling in the spine and damage to the spinal chord. Two days later he died in Sheffield Hospital from pneumonia.
Mrs Bradley, a secretary at Leigh Infirmary, was riding just a few feet behind her husband when the accident happened in June last year and watched in horror as the car ploughed into him.
Speaking through tears, Mrs Bradley said: "I go thorough it every day. It's horrible. A car is like a weapon. But it seems you can get more for damaging property than you can get for killing somebody. It's appalling.
"I have no plans for the future. I just go from day to day. I just try to get through every day. John loved life. He loved his grandchildren and his family and now that's all been taken away by somebody else."
Mr Bradley, a retired ambulanceman in Atherton and Farnworth, started the 3rd Lowton Scouts Group 20 years ago.
He was also a Eucharistic minister at St Catherines RC Church in Lowton where there is a memorial dedicated to his memory.
The couple, who were due to celebrate their 30th wedding anniversary in August this year, have two children, Jayne, 29, and Stuart, 27, and two grandchildren, Hannah, six, and Michael, seven.
Mrs Bradley added: "I just want justice. A person has been killed and I want to know why the police have not tried to put a more serious charge. I have not been told about what is happening in the case by the police and I am not happy with the way the case has been conducted. I have had to find out for myself. My husband's life is more important than this."
Mrs Bradley's solicitor Jonathan Aldersley has written to the chief constable of Greater Manchester Dave Wilmot asking for an explanation of why a lesser charge was made.
He also confirmed that Mrs Bradley was pursuing a civil case.
However because Benson was not insured, it is unlikely she will receive more than a few thousands pounds compensation.
Benson's sentence imposed on January 31 would have seen him electronically tagged and his every move monitored by Group Four Security to ensure he did not break the original curfew order to stay at home after 10pm and 8pm at weekends.
But the case was reopened on Tuesday at Wigan Magistrates Court after Benson told the court that he no longer lived at any address.
The curfew order was then lifted because it was deemed to be unworkable.
Spokesman for the CPS Alan Creathorn said: "The prosecution could not prove that he (Benson) was driving dangerously within the definition of the law but could prove that he was driving carelessly."
Wigan's chief traffic officer Insp Tom Graham said: "I am not aware that a complaint has been made. However if a complaint has been made, I cannot therefore comment. Our response will depend on the nature of the complaint and it will be investigated as an internal matter."
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