Police criticised at inquest into Shropshire dog walker crash death

A coroner criticised officers investigating the death of dog walker Julian Waskiewicz , who was run over by motorist Wayne Smith.

A test taken immediately after the accident on a Shropshire country lane showed that Mr Smith was 3mg above the drink drive limit.

But a later test taken at Malinsgate Police Station in Telford measured 35mg, which was just within the legal limit.

At an inquest into Mr Waskiewicz's death, Coroner Mr Andrew Haigh said he intended to write to West Mercia Police Chief Constable David Shaw to demand why the earlier reading was not taken into consideration.

It is common practice to "count back" to the time of the accident when investigating borderline drink-drive cases.

Mr Haigh said he was concerned that Mr Smith, of Badger Road, Beckbury, Shifnal, had been drinking and that the count back procedure had not been followed.

He added: "The officers took the lower reading, which was insufficient to prosecute.

"Mr Smith was driving with excess alcohol in his system. And that may have affected his reaction time. Having said that he had very limited time to react in any event."

Mr Waskiewicz was walking his two dachshunds in Burnhill Green Road, Albrighton, when he was struck by Mr Smith's silver Volvo on November 10.

The 56-year-old was taken to Birmingham's Queen Elizabeth Hospital in a critical condition but died six days later.

His death came just six weeks after his wife Jill, 54, had died following a two-year battle with cancer.

Mr Waskiewicz's sister-in-law Paula Manning, 52, said: "Had there been a 'count back' the police may have found reason to prosecute.

"This should be a standard procedure."

An inquest heard how the widower was planning a skiing break to help get over the shock of losing his wife.

The accident happened as Mr Waskiewicz was visiting a relative's property in Burnhill Green Road, Albrighton.

He had travelled into Shropshire from his home in Wolverhampton to check on their chickens and pigs while they were away.

As he walked on the lane, he was struck by the car driven by Wayne Smith.

The accident happened in poor light on November 10, at 5.45pm.

The way it was dealt with by police was criticised by a coroner, who demanded procedures over drink drive tests be changed.

Collision investigator Pc Andrew Talbot, of the Central Motorway Police unit, said Volvo driver Mr Smith's roadside breath test recorded an above-limit reading of 38 microgrammes.

But a follow-up check at Malinsgate Police Station in Telford measured 35mg – the legal limit.

Pc Talbot said he did not know why West Mercia Police officers who dealt with Mr Smith at the scene did not carry out a 'count back' calculation procedure that may have assisted their decision making.

Mr Smith has not been prosecuted for any offence.

Giving evidence, cyclist Ian Bunch, of Kidderminster, who was riding in the opposite direction, said: "I could see a vehicle's headlights approaching from the opposite direction.

"As it got closer I saw what appeared to be a silhouette cross the light beam.

"I heard an almighty thud.

"I would describe the sound as something hitting a bonnet. I was aware that the vehicle on the opposite side was braking as a result. I thought it hit an animal. I heard yelping sounds then saw one dog run pass me and another dog run in the other way.

"I then saw a shape in the carriageway."

He added that the Volvo driver said "I didn't see him".

South Staffordshire Coroner Mr Andrew Haigh told the hearing, held in Cannock, that he was concerned that Mr Smith, of Badger Road, Beckbury, Shifnal, had been drinking.

He said: "The officers took the lower reading which was insufficient to prosecute."

He told the inquest that he would write to West Mercia Police Chief Constable David Shaw to ask why the 'count back' was not done.

Mr Haigh recorded a conclusion that Mr Waskiewicz, of Tettenhall Wood, Wolverhampton, died as a result of the road traffic collision.

Mr Waskiewicz's sister-in-law Paula Manning, 52, said she wanted to know why the count back procedure was not followed.

She added: "Julian was very safety conscious. He was a driving instructor for years.

"He had lost Jill in October, but was dealing with it. He was planning a skiing trip."

Mr Waskiewicz's death will add fuel to the debate about drink drive limits in England.

The legal drink drive limit should be almost halved, according to police rank and file leaders.

The Police Federation of England and Wales has called for tougher laws on alcohol that would mean drivers could be over the limit after just one pint.

The body wants to copy changes made in Scotland last year that saw the legal limit cut by around 40 per cent.

The Federation, which represents police officers up to the rank of chief inspector, hopes the move will help curb a rising tide of social drinkers, especially women.

Victoria Martin, of the Police Federation, said: "We would like to see a lower drink drive limit as most other European countries have as well as Scotland which saw a marked reduction in failed breathalyser tests as soon as the law was changed last year.

"We would also like to see road safety back on the national and local agenda."

A change to the limit seen in Scotland would mean an average man would be limited to just under a pint of beer or a large glass of wine, and women to half a pint of beer or a small glass of wine.

Ms Martin said although men are still more likely to drink drive the growth in women over the limit was a concern.

Following the inquest, a spokesman for West Mercia Police said: "This was a tragic event and our thoughts are with the family of Mr Waskiewicz. We note the comments of the Coroner and will await his correspondence, following which we will review the involvement of West Mercia Police in this enquiry."