Charge against Oswestry motorist dismissed
A judge has dismissed a charge against a motorist of causing the death of a motorbike rider by driving without due care and attention.
Judge Anthony Lowe said that after hearing from three experts he had decided that it would have been impossible for a jury to reach a verdict beyond all reasonable doubt over the accident which led to the death of 24-year-old Daniel Mark Hughes.
Mr Hughes, from Llanfyllin, was riding a Honda motorcycle south along the A483 on the outskirts of Oswestry when it was involved in a collision with a black Hyundai Tucson on the afternoon of June 4, 2017.
At Shrewsbury Crown Court yesterday Judge Lowe dismissed the charge against driver, Susan Hewatt Chambers, 63, of Sweeney, Oswestry. She had denied the charge at an earlier hearing.
Mr Hughes’ family was in court to hear the decision.
Judge Lowe said a great deal of thought had gone into the court’s decision.
“Ultimately a jury can only make a decision based on the evidence and I am afraid in an accident like this were you are talking about carelessness there are always going to be marginal errors that people make,” he said. “It is not for the courts to criminalise a marginal error of a half of a second here and there.”
Talking to Mr Hughes’ family he said: “None of this is a comfort to you. Daniel is a member of your family, he has gone and you do not get an explanation. You may always have your doubts about what happened but is it fair to put the burden of responsibility on 12 members of a jury where there are such tiny margins?”
In a statement released at the time of his death, Mr Hughes’ family, said: “We are truly heartbroken at the tragic and cruel loss of our beautiful son and brother Danny.
“He was kind and thoughtful, but never sought praise or reward.”
