Flintshire taxi driver cleared over death of pensionerA PENSIONER died nearly three weeks after he fractured his skull when he was knocked over by a reversing taxi.
But the taxi driver was cleared of causing death by careless driving part way through his trial.
Jeffrey Cull, 51, had pleaded not guilty to causing the death of 77-year-old Ronald Hogg on the basis that he had not been careless.
His barrister also questioned the link between the accident and the pensioner's later death.
The court heard earlier that Mr Hogg's head injury was actually improving and his death was caused by a blood clot – pulmonary embolism due to a deep vein thrombosis following blunt force injury to the head.
District Judge Andrew Shaw, heard that Mr Hogg, from Richmond Road, Connah’s Quay, had made his regular morning trip to Quay Stores in Thornfield Avenue to buy his newspaper, milk and bread.
Store manager Joseph Bartley described him as “a nice old man and a good customer” whose legs were a little slow but otherwise he seemed in good health. But minutes after leaving the shop on June 3 last year he looked out the window to see Mr Hogg lying in the road at the rear of a Vauxhall Vectra taxi, which had arrived to pick up two passengers outside the shop.
Prosecutor Andrew Warman said by reversing into Mr Hogg and knocking him over, Mr Cull, of Woodchurch Lane, Ellesmere Port, had started a series of events which led to Mr Hogg’s death in the Countess of Chester Hospital on June 23.
Mr Warman said the taxi arrived about 8.50am to pick up Dave Roberts and his partner Victoria Algeroy.
Mr Roberts got into the front passenger seat and Ms Algeroy the rear behind the driver and after fastening their seat belts the driver checked his inside and door mirrors, although both passengers could not remember him turning and looking through the rear window. Ms Algeroy conceded in cross-examination that he may have done.
Within seconds of moving – “at a snail’s pace” according to witnesses – Ms Algery heard a bump. They all got out and discovered Mr Hogg lying on his back some feet away from the car.
Mr Roberts said there was blood coming from Mr Hogg’s head.
“It was horrible. The taxi driver was in shock but he tried to help the person,” he said.
Ms Algery said: “The taxi driver was walking around with his head in his hands saying Oh my God, Oh my God, he was gutted.”
She said Mr Hogg’s wife arrived at the scene while the ambulance and police were summoned.
Mr Warman told the court: “It appears Mr Hogg was a man in good health before this incident, but a chain of events was set off as a result of which he died 20 days later.”
He said that if the defendant had been driving carefully then he would have seen Mr Hogg before the impact.
Defending barrister Jonathan Duffy made a submission that there was no case to answer.
The evidence was that his client had been driving carefully, he said.
Judge Andrew Shaw upheld the submission and dismissed the charge.
There was no eye witness who actually saw Mr Hogg's movements immediately before the impact took place.
There was evidence that the defendant had undertaken mirror checks and that he was driving at a very low speed.
He was not satisfied that there was any evidence to enable the case to continue, he said.
source:
http://www.dailypost.co.uk/news/north-w ... -30914669/
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