Conviction of Pedestrian Who Cursed at Cyclist for Manslaughter Overturned
A pedestrian who cursed and gestured at a cyclist riding on the pavement, causing her to swerve into the road where she was hit by a car, had her manslaughter conviction overturned.
A pedestrian who cursed and gestured at a cyclist riding on the pavement, causing her to veer into the road where she was struck by a car, had her conviction for manslaughter annulled.
Auriol Grey, aged 50, gestured at Celia Ward, aged 77, and told her to “get off the [expletive] pavement” in Huntingdon, Cambridgeshire, resulting in her falling into the road.
The incident occurred on October 20, 2020, and was captured on CCTV in the town. Ms. Grey was convicted of manslaughter following a retrial and was sentenced to three years in prison in March 2023.
However, on Wednesday, three judges at the Court of Appeal overturned Ms. Grey’s conviction, with her legal team arguing that she should not have been charged. They also denied a request for a new trial from the prosecution.
Pedestrian Had ‘Impaired Cognitive Function’
Ms. Grey was born with brain damage and underwent surgery as a child that left her with some degree of impaired cognitive function.
Dame Victoria Sharp, alongside Mrs. Justice Yip and Mrs. Justice Farbey, stated, “In our opinion, the prosecution’s case was not strong enough to be presented to the jury.”
“Considering all the circumstances, we are confident in our decision that the appellant’s manslaughter conviction is not valid,” she stated.
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Dame Victoria mentioned that Ms. Grey’s actions had played a role in the “untimely death” of Mrs. Ward, a retired midwife.
The Court of Appeal was informed that Ms. Grey was accused of unlawful act manslaughter, which necessitates an unlawful action resulting in a death.
However, her legal team argued that no specific “base offense” had been identified during the trial.
Simon Spence, KC, representing the Crown Prosecution Service, acknowledged that it was categorized as “common assault” since the base offense had not been explicitly named.
When asked by the judges about what could be considered common assault, Mr. Spence stated, “Walking toward the cyclist, gesturing with her left arm toward the road, and saying, ‘get off the [expletive] pavement.’”
He added, “Those words could transform a mere gesture into an unlawful act.”
‘Inconceivable’ She Would Have Been Charged If Cyclist Hadn’t Died
The judges expressed, “If Mrs. Ward had not passed away, it is inconceivable that the appellant would have faced charges of assault.”
Dame Victoria stated that the jury had not been tasked with determining “whether a base offense had been established” by the prosecutors, Ms. Grey’s former legal team, or the trial judge at Peterborough Crown Court, Judge Sean Enright.
In a statement released by the law firm Hickman and Rose following the ruling and sent to The Epoch Times, Ms. Grey’s legal team stated, “Upon understanding the legal components of the offense, it became apparent that there was no grounds for Ms. Grey to be convicted of manslaughter, or any offense for that matter. Therefore, her conviction was overturned.
“Ms. Grey should never have been charged,” the statement concluded.
The statement criticized the authorities in Huntingdon for failing to ensure a safe environment for cyclists in the town.
Ms. Grey’s solicitors mentioned, “Mrs. Ward should not have been in a position where she had to choose between cycling on the pavement or on a busy and hazardous ring road.”
“If a clearly marked and well-signed cycle path had been in place, separating vulnerable pedestrians like Ms. Grey, this accident could have been prevented,” they added.
Pensioner’s Death Was ‘Tragic Loss’
Ms. Grey’s family released a statement to The Epoch Times, expressing, “While we are pleased with the Court of Appeal’s decision, our thoughts are with the Ward family today. We are certain that they remember their tragic loss every day.”
“We are relieved that Auriol’s prison ordeal has come to an end, and we extend our gratitude to the staff and inmates of HMP Peterborough for their kindness and consideration over the past year,” they added.
Ms. Grey’s family stated, “There has been unnecessary and prolonged suffering, and vulnerable individuals like Auriol require better support from the justice system. We hope that lessons will be learned.”
The Epoch Times reached out to Cambridgeshire County Council, responsible for highways in Huntingdon, for comment but has not yet received a response.
PA Media contributed to this report.
