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Misadventure verdict after Morpeth HCD in fatal ped accident
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Author:  StuartW [ Sun Nov 21, 2021 4:20 am ]
Post subject:  Misadventure verdict after Morpeth HCD in fatal ped accident
Regulars will know I'm a bit sceptical about police and prosecutors trying to pin the blame on drivers who hit 'revellers' and the like walking in the middle of the road etc.

However, this one went the other way. Which is doubly interesting, not just because it goes against the grain, but also because of one particular detail, which I'm pretty sure could have been used to hang the driver out to dry.

Should have really put that particular detail in the thread title, but thought it would be more interesting for people to read it for themselves...


Family 'devastated' after Blyth dad Anthony Houghton died in A189 Spine Road crash

https://www.chroniclelive.co.uk/news/no ... d-22181464

Anthony Houghton suffered fatal injuries after being struck by a taxi on the Northumberland road in October last year

A family has been left devastated after the death of a Northumberland man who suffered fatal injuries in a crash.

Anthony Houghton was struck by a taxi on the A189 Spine Road, on a bridge over the River Blyth, between Bedlington Station and Bebside, on October 24 last year.

At an inquest in Morpeth, it was said the 33-year-old, of Blyth, was crossing the southbound carriageway at around 8pm and was hit by a Peugeot Horizon hackney carriage.

Anthony "became visible to the driver only seconds before the collision", it was said, and the driver, who was within the 70mph speed limit, was unable to avoid the crash.

Emergency services were called but they were unable to revive Anthony, who suffered severe injuries and died at the scene.

The inquest heard that Anthony, father to a young daughter, had been receiving support from Turning Point for alcohol problems.

He had been drinking on the evening of October 24 and toxicologists found a blood alcohol level of 377mg per 100ml in his system.

The level of alcohol is likely to have impaired his judgement, the inquest was told.

It was also said that a mobile phone and headphones were found at the scene of the crash but it is not known if Anthony had been using them at the time of the collision.

Northumberland Coroner Andrew Hetherington concluded that his death was a misadventure.

It was revealed that the taxi driver, Rebecca Smith, of Pegswood, was arrested at the scene after she tested positive for cannabis.

However, there was no evidence of impairment and she was not prosecuted.

Miss Smith, a taxi driver of 10 years, said she had received a phone call to pick up a client from Blyth that evening and headed in that direction.

She added: "It was pretty much last minute when I saw someone in the middle of the road.

"He looked to be crossing from my right to my left. He was looking directly ahead of him. I braked but I had already hit him by then."

She stopped and called the emergency services, and a man who also arrived at the scene checked Anthony's pulse, but did not find one.

PC Michael Huxley, from the police forensic investigation unit, said: "I don't think there was any opportunity for the driver to avoid the collision."

He said the collision was "caused by Mr Houghton's failure to safely cross the carriageway" and he could not say "whether it was due wholly or in part to impairment".

Anthony's mum, Lynn, told the coroner her son's death had devastated their family and that his daughter was "desperately unhappy" she had lost her dad.

She added: "Despite his difficulties, he was the joy of my life."

Recording a ruling of misadventure, Coroner Hetherington said: "We can only speculate the reason as to why Anthony was on the southbound carriageway.
Author:  StuartW [ Sun Nov 21, 2021 4:22 am ]
Post subject:  Re: Misadventure verdict after Morpeth HCD in fatal ped acci
Quote:
It was revealed that the taxi driver, Rebecca Smith, of Pegswood, was arrested at the scene after she tested positive for cannabis.

However, there was no evidence of impairment and she was not prosecuted.

So how, precisely, does a driver test positive for cannabis at the scene and is thus arrested?

But was subsequently found not to be impaired, and was thus not prosecuted? :shock:

And I wonder if there were any implications for her badge? :?
Author:  edders23 [ Sun Nov 21, 2021 6:49 am ]
Post subject:  Re: Misadventure verdict after Morpeth HCD in fatal ped acci
People often walk straight out into the road in front of me. There seems to be a modern preconception that you just step into the road and all traffic will automatically stop.

I had one on friday who didn't look but at the time I was only doing 10 mph so could stop quickly and last Monday a 33 year old from Yorkshire was killed trying to cross the A1 and got hit by a lorry and at a point on the A1 where there are 2 overbridges within a mile of each other !

As for whether the council took any action well has she been convicted of anything ? can they take action based on a just the failed test if no prosecution follows ?
Author:  jimbo [ Sun Nov 21, 2021 12:16 pm ]
Post subject:  Re: Misadventure verdict after Morpeth HCD in fatal ped acci
Regular cannabis users will always give a positive test, up to 30 days after last usage. Evidence of cannabis usage therefore does not mean the person is under the influence of cannabis.
Author:  StuartW [ Sun Nov 21, 2021 3:23 pm ]
Post subject:  Re: Misadventure verdict after Morpeth HCD in fatal ped acci
edders23 wrote:
As for whether the council took any action well has she been convicted of anything ? can they take action based on a just the failed test if no prosecution follows ?

As I read it, she'd been shown to have used cannabis, but wasn't prosecuted because she wasn't impaired because of it. (As Jimbo says, there could be traces of cannabis for some days after use, but without evidence of any impairment.)

To that extent then, yes, I'm quite sure a licensing committee could take action on that basis.
Author:  StuartW [ Sun Nov 21, 2021 3:25 pm ]
Post subject:  Re: Misadventure verdict after Morpeth HCD in fatal ped acci
Jimbo wrote:
Regular cannabis users will always give a positive test, up to 30 days after last usage. Evidence of cannabis usage therefore does not mean the person is under the influence of cannabis.

Thanks for that.

I'm just a bit uncertain about the precise mechanisms for testing use and impairment that means she was arrested *at the roadside* after testing positive. And, subsequently, away from the roadside, presumably, she was found not to be impaired.

Certainly not an expert on this kind of thing, but the procedure as reported kind of sounds back to front to me. Might have a dig around later with my friend Google :idea:
Author:  StuartW [ Sun Nov 21, 2021 3:26 pm ]
Post subject:  Re: Misadventure verdict after Morpeth HCD in fatal ped acci
Anyway, it seems the HCD was originally arrested on suspicion of causing death by dangerous driving, but was never charged (or maybe the charges were dropped). Sounds more like what might normally be expected after such an incident, but I usually side with the driver regarding this kind of thing, unless there's strong evidence that it was the driver's fault.

This was published about three months ago:


No charges over death of 'gentle giant' dad Tony Houghton on Spine Road

https://www.chroniclelive.co.uk/news/no ... h-21344683

A woman arrested after the doting dad's death in October has now been released without charge

Image
Image: Northumbria Police/Chronicle Live

No-one will be charged over the death of a popular dad who lost his life on a notorious Northumberland road.

Tony Houghton was pronounced dead at the scene after he was hit by a car on the A189 near Bedlington Station, on October 24, 2020.

A 30-year-old woman was arrested on suspicion of causing death by dangerous driving following the collision, which happened at around 8pm.

She was released under investigation after being questioned.

But Northumbria Police has now confirmed the woman will face no further action.

A spokesman for the force said: "The driver arrested has been released with no further action to be taken. A report will now be made for the coroner."

Tony, from Blyth, worked as a doorman and had a young daughter.

Following the fatal collision, stunned friends paid tribute to the 33-year-old, who was known to his pals as ‘the Tank’.

Doorman Scott Hunter, who worked with Tony, told of the security worker’s sense of humour and dedication to his young daughter.

The 36-year-old said: “He was just a gentle giant. He was the sort of guy that wouldn’t harm a fly. He was probably one of the funniest people I have ever worked with.

“He was the sort of person that, even if you didn’t know him, if you met him in a pub he would make you feel welcome.

“He doted on his daughter. My thoughts go out to his family, especially his daughter. She’s going to grow up not knowing him.”

The collision happened on the southbound carriageway of the A189, between Bedlington Station and Bebside.
Author:  StuartW [ Sun Nov 21, 2021 3:34 pm ]
Post subject:  Re: Misadventure verdict after Morpeth HCD in fatal ped acci
Quote:
A woman arrested after the doting dad's death in October has now been released without charge

A bit misleading, that. Makes it sound like she's been remanded somehow for 10 months after the incident and then released without charge, which I very much doubt.

Suspect she was arrested on suspicion of causing the death in October 2020 but released after questioning soon after, but it was only decided not to charge her about 10 months later.
Author:  Sussex [ Sun Nov 21, 2021 8:25 pm ]
Post subject:  Re: Misadventure verdict after Morpeth HCD in fatal ped acci
Quote:
So how, precisely, does a driver test positive for cannabis at the scene and is thus arrested?

But was subsequently found not to be impaired, and was thus not prosecuted? :shock:

And I wonder if there were any implications for her badge? :?

Cannabis stays in the blood for days and days, which is why so many are caught out.

I suspect the lady's drugs wipe indicated traces of cannabis, but a further blood test came back from the lab under the limit.

Doubt the drugs matter has any impications.
Author:  Sussex [ Sun Nov 21, 2021 8:28 pm ]
Post subject:  Re: Misadventure verdict after Morpeth HCD in fatal ped acci
If I was a betting man I would say the fella had had a drink or two, had his headphones on and wasn't looking when he crossed the road.

None of that should have meant he lost his life, but sadly that was the outcome.
Author:  Sussex [ Sun Nov 21, 2021 8:29 pm ]
Post subject:  Re: Misadventure verdict after Morpeth HCD in fatal ped acci
Quote:
Suspect she was arrested on suspicion of causing the death in October 2020 but released after questioning soon after, but it was only decided not to charge her about 10 months later.

When they got the lab reports back.
Author:  StuartW [ Mon Nov 22, 2021 2:49 am ]
Post subject:  Re: Misadventure verdict after Morpeth HCD in fatal ped acci
Yes, think I was thinking about an old-style impairment test which would be conducted at the roadside, then the later blood test.

But she presumably failed a roadside swab test, which won't quantify the level, but the later blood test must have shown only a very small trace of cannabis, thus not impaired.

As for the deceased, and correct me if I'm wrong, he was almost five times the drink driving limit in England, or nearly eight times the limit in Scotland :?
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