BASINGSTOKE MP Andrew Hunter is to tackle the Government over the case of a schoolgirl whose leg was broken after she was struck by a cyclist riding on the pavement.

Mr Hunter believes that the case of Rosie Lepperd has highlighted a "loophole" in the law.

Rosie, four, spent two nights in hospital and has been left traumatised by the accident, says her mother Gillian, of Delius Close, Brighton Hill.

The accident happened in May when Mrs Lepperd was walking home with Rosie (both pictured) along a footpath near Delius Close. A cyclist, 20-year-old Bournemouth University student Gary Moore, was cycling on the pavement when he collided with Rosie.

Last month, Basingstoke magistrates gave Mr Moore, of Ellington Drive, Brighton Hill, Basingstoke, a six-month conditional discharge for illegally riding a bicycle on the pavement. He failed to appear before the court when the case was due to be heard, and the justices found him guilty in his absence.

Mrs Lepperd, a childminder, said: "A lot of cyclists use that path - but it's not a cyclepath. Loads do it every day, not realising it is illegal. Children doing it is one thing, but adults is another - they should know better."

But Mr Moore told The Gazette he rode on the footpath because he did not feel safe riding on the roads.

He said: "I thought that as a lot of people cycle on that path, it was OK to ride there. I didn't know it is illegal. There are no signs saying it is illegal. Even the police weren't sure and they had to check with the council.

"I regret what happened - it was an unfortunate accident. The little girl was hidden by bushes. She ran out towards me into my path. I tried to brake but there was nothing I could do."

Now, Mr Hunter is to take the case to Home Secretary David Blunkett because he believes it highlights an "alarming" anomaly in the law.

Mr Hunter told The Gazette: "This case suggests there is a loophole whereby a person riding on a pavement alongside a road can be charged with the usual road traffic offences but on a footpath, with no attached road, they cannot. If that is the case, then the loophole should be closed.

"It is unacceptable for people to ride cycles on pavements or footpaths near elderly people or young children who are vulnerable."

* Do you have a view on this issue? Write to The Letters Editor, The Gazette, Gazette House, Pelton Road, Basingstoke, RG21 6YD, or e-mail editor@basingstokegazette.co.uk