Call our Sales Team on 0208 912 2120

Unfortunate summing up

8th August 1996, Page 20
8th August 1996
Page 20
Page 20, 8th August 1996 — Unfortunate summing up
Noticed an error?
If you've noticed an error in this article please click here to report it so we can fix it.

Which of the following most accurately describes the problem?

6 6

• The owner of a truck which lost a wheel on the M53 in Cheshire, causing the death of a woman motorist, was not a "cowboy operator", said an Appeal Court judge.

Mr Justice Collins said the judge who presided over the trial of David Geraint Roberts for causing death by dangerous driving by procurement had unfortunately introduced the concept of negligence in his summing-up.

The jury must have been left with the impression that Roberts had run a sloppy operation, said

the judge, who was giving the court's reasons for clearing Roberts and his driver, Graham George.

Roberts. of Llanarmon Yr Al, Mold, and George, of St. Marys Road, Dodleston, Chester, who was also convicted (4 causing death by dangerous driving, had their (xmvictions quashed and sentences set aside.

Mr Justice Collins said Judge Edwards had not applied the law relating to road traffic legislation to the facts of the case. His directions implied that George had been negligent because he failed to Gheck his eight-wheel tipper on the morning of the accident.

But the driver checked the vehicle once a week and had carried out such an inspection the previous afternoon, said the judge. Such a system was wholly reasonable and sensible, he added, deciding that the convictions were unsafe.

Roberts was awarded his legal costs out of public funds.


Organisations: Appeal Court
Locations: Chester

comments powered by Disqus