See why a magistrate refused to punish a cyclist for hitting an elderly Trans-Am driver and throwing his keys on the roof of a house
- Cyclist who hit great-grandfather in road accident acquitted
- Mathew David File and Friend Nearly Off the Road by Driver Graeme Gibb
- Couple clashed in heated confrontation in which Gibb, then 76, suffered a broken jaw
- File, 47, pleaded not guilty to assault, arguing he was provoked by Gibbs’ actions
- Magistrate ruled Gibb ‘showed no insight into dangerousness of his behavior’
A cyclist who broke an elderly motorist’s face and jaw has been released without penalty after the magistrate found he had been provoked by the man.
Matthew David File, 47, was acquitted last year of assaulting retired great-grandfather Graeme Gibb, 77, during a fiery confrontation in a Gold Coast parking garage.
Mr File and a friend were out on a morning drive last August when they were nearly run off the road by Gibb when he passed them in his black 1983 Pontiac Firebird Trans Am.
Gibb stopped in the Miami Hotel parking lot where he got out of his car to confront the bicyclists.
Bicycle camera images of the incident and the heated discussion that followed were played in court on Thursday.
Cyclist Mathew David File (pictured left with his attorney Troy Smith) has been cleared of assaulting an elderly motorist during a traffic attack
“What’s wrong with your cocks?” Gibb could be heard yelling at the bikers after stopping.
File fired back: “You almost hit me back, buddy.”
He then punched Gibb in the face, who suffered a broken jaw and had extreme headaches, anxiety and pain for months afterward.
The court heard that he also grabbed and threw Gibb’s car keys, which ended up on the roof of a nearby liquor store.
File was charged with one charge of aggravated assault when he turned himself in to police a few days later after a photo of him and his gray Trek bike went viral online.
A magistrate found that motorist Graeme Gibb (pictured with daughter Alisha) was wrong
He admitted to punching Mr Gibb but pleaded not guilty to the charge and claimed he was provoked.
Magistrate Kerry Magee agreed and dismissed the charges against File.
She added in her findings that it was Gibb who was wrong and had “showed no insight into the dangerousness of his behavior.”
Footage from the incident showed Mr Gibb passing the cyclists with 20cm of clearance, well below the minimum one meter required by Queensland road laws.
“I’m convinced that that illegal act has scared, alarmed and nervous (Mr. File),” Magistrate Magee said.
The cyclist and his friend were nearly run off the road by Graeme Gibb as he drove past them in his 1983 black Pontiac Firebird (pictured)
“I feel that this behavior has deprived the defendant of the capacity for self-control.”
“I accept that he was quite shaken when he tried to confront him minutes later (Mr Gibb).
A relieved Dossier welcomed the magistrate’s decision.
“We knew from the start that this was a case that had to be challenged to clear Mr. File’s name,” attorney Troy Smith told reporters out of court.
“We knew he was innocent from the start.”
‘Mr File can now move on with his life and put all this behind him.’
Cyclist Mathew David File admitted to punching Graeme Gibb during the confrontation (pictured), but claimed he was provoked