Jury split over death crash policeman - ifithelps
Police officer answering emergency call hits a car head-on and kills the driver.

A death by careless driving charge followed, as did a five-day trial which ended earlier today:

tinyurl.com/ycwsxtq



Jury split over death crash policeman - Ben 10
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Higher speeds in a car perhaps. A vivaro van would in my opinion have a high centre of gravity, making it more unstable at speed on a bend compared with a car at an equivalent speed.
I thought vans weren't supposed to be used at high speeds for this reason. Was it a support group vehicle with a number of PCs aboard or a prisoner van?
If the later, then surely no need to be used as an immediate response vehicle. There are safer, faster cars for this task.

Jury split over death crash policeman - ifithelps
It was a prisoner van with no prisoners.

Seems Cleveland - and maybe other forces - use whatever they have to respond to emergencies.

The onus being on the driver to: 'drive to arrive'.
Jury split over death crash policeman - Blue {P}
I live in the Northumbria area and they use Transits with blues and twos on a regular basis in place of cars, I don't think the resources are really in place to despatch cars followed by vans. Judging by the speeds that the vans shift they are en route to ongoing incidents rather than heading out to a situation that is already in hand thanks to officers in cars.

Having driven a LWB Transit I can see why they use them though, I reckon they drive brilliantly for the size of them! I always have great fun when they let me out in the works one. :-)
Jury split over death crash policeman - Westpig
police vans are used for response calls, as are minibuses and 4x4's

as an aside, the fire brigade use lorries and the ambulance service LWB double axle large vans

Edited by Westpig on 03/10/2009 at 05:48

Jury split over death crash policeman - Ben 10
Yes WP, we use lorries in the fire brigade, but I can assure you they can't get up to 77 mph on a bend. The sloshing around of 300 gallons of water wouldn't help either. Fully laden with gear on a clear stretch of straight road we would be luckey to hit 65 mph.

I'm sure in the past you weren't meant to use vans for blue light shouts or panda cars for that matter. But it appears all your vehicles are all fitted with blues and twos, so are fare game shout wise.
I still maintain the height of these vans, means their centre of gravity make them more unstable at very high speeds, especially cornering.

Edited by spood on 03/10/2009 at 14:53

Jury split over death crash policeman - NorfolkDriver
While I feel sorry for the victims family, this guy has just stood trial and the jury are split.

It seems that the CPS arent that confident of a conviction otherwise why ask the family if they want him to stand trial again?

Luckily, I have never been in the position of the family.

Why spend more money on another trial, probably with the same outcome?

Apologies to the Mods, can they move this up please? I thought I had responded to a message further up the board. Thanks

Sorted - thread split. You had replied in the right place. You'd have seen that if viewed threaded but it did look wrong. Rob

Edited by rtj70 on 03/10/2009 at 17:07

Jury split over death crash policeman - Ben 10
"In the statement, he said he put on the van?s flashing lights and drove over the bridge, where his vehicle?s rocking ?took me completely by surprise?.

?I have never felt this in any vehicle before,? he said.

?The vehicle became unstable, and I genuinely thought it was going to physically tip over.?

Backs up my point that a high sided vehicle should not be used at high speeds negotiating a bend or even weaving in and out of traffic.

As to a second trial. Yes it could be a waste of time and money. Having served during two jury services I felt that in some cases the prosecution had not adequately proved guilt which in such cases in England means you have to find them NOT guilty even though there are doubts to their innocence. Sometimes the evidence is just too weak. I think in cases like this the English judicial system should adopt the Scottish verdict of not proven. Then the person is released, not cleared if doubt is present. In this case this would have been an appropriate verdict. If the case is not taken further he should be asked to resign, or if he is too arrogant to fall on his sword, then he should face the sack.
Jury split over death crash policeman - woodster
Why should he be asked to resign or be sacked if not convicted?
Jury split over death crash policeman - retgwte
sadly for me this just makes a mockery of the so called british justice system

the side that can afford the most expensive legal team just about always wins regardless of the merits

in cases like this the coppers usually have their defence funded by the police federation who throw lots of money at a legal team to defend the copper

the system stinks, and the sooner its sorted out so that money has less influence on outcome the better

Jury split over death crash policeman - woodster
''the side that can afford the most expensive legal team just about always wins regardless of the merits''

Got any facts to support that?? or just another completely unfounded pub view unloaded on here??
Jury split over death crash policeman - Westpig
So let's get this straight. The chap is employed as a public servant. His employer gives him a van to drive for the night, with the expectation that if called upon he'll use it on emergency calls. He does so. No doubt due to the unsuitability of that vehicle at speed, possibly limited training and combined with no doubt an error of judgement, an awful accident/collision occurs...... and for that he should be sacked, imprisoned etc?

My heart goes out to the family of the poor girl who was killed. Hanging, drawing and quartering the police van driver in this case, does not solve the bigger issue.

i.e. is driver training sufficient for vans; should vans be used at speed; are they specially adapted enough for high speed work (suspension/brakes); was a more suitable van a more worthy purchase option for that force, even if more expensive; could they make do with a van with a lower centre of gravity (Transit Connect versus Transit); etc

When i first drove a police van at speed i was horrified at the length of time it took me to stop the thing...then there was the lifting of the wheel(s) when going around corners at speed, most unnerving.

It's glaringly obvious to me what's happened in this case, he's gone too fast over a bump, got it unstable and then can't do anything with it to slow it down and stabilise it to get it around a corner.

....and i'm not saying he should be absolved of all responsibility either.

Jury split over death crash policeman - Pugugly
Some Forces are looking at Transit Connects as response " cars"
Jury split over death crash policeman - Westpig
Some Forces are looking at Transit Connects as response " cars"

I was asked for my opinion on our lot swapping Astras for Zafiras....(thought it was a totally ridiculous idea...more difficult to get through width restrictions, higher centre of gravity, less performance, cost more)....the idea was shelved fortunately
Jury split over death crash policeman - rtj70
I was asked for my opinion on our lot swapping Astras for Zafiras


How would a Zafira really be more useful than an Astra estate I wonder. The rear two seats are not very practical for adults are they! And you couldn't use them to transport 7 officers with body armour - you'd never get in/out of the rear seats ;-)
Jury split over death crash policeman - gordonbennet
Astra/Zafira, wouldn't have thought there'd be a great difference in COG, they're both Astra's underneath, the weight of the higher body wouldn't i have thought have made much of a difference....similar to how far a double decker bus can tilt before overturning.

I know from driving higher vehicles just how much easier it is to make progress in traffic, wouldn't the extra height of the Zafira be an advantage when in packed traffic the driver would have a slightly better field of vision for deciding the best route through pronto?

Jury split over death crash policeman - bell boy
no winners
i know that bridge
ive had lots of near misses on it non of them my fault
im pleased to see the cps have spoken to the family
its basically wrong place wrong time
i would like to see speed limiters on commercial vehicles in what are black marias though
Jury split over death crash policeman - Blue {P}
Some Forces are looking at Transit Connects as response " cars"


As well as full size Transits, Northumbria make a lot of use of Transit Connects seemingly as response "cars". To be fair, I gather that a Transit Connect drives pretty well, their COG can't be far out from that of a Focus, and not many mainstream manufacturers know how to make a car or van handle better than Ford.
Jury split over death crash policeman - Blue {P}
Oh and to add to that, my guess on the reason that there are now lots more of these Connects in use is simple, a couple of years ago a Northumbria officer was killed when a handcuffed prisoner in the back of a Focus grabbed the handbrake and caused the car to overturn.

No risk of that happening when he's in a cage in the back of the Transit. Although regs at the time apparently advised against prisoner transport in the back of a car they probably wouldn't have had anything like the number of vans to use with cages and hence, people took shortcuts, costly ones.
Jury split over death crash policeman - Ben 10
"The officer, 28, was interviewed after Miss Welsh died of multiple injuries, but refused to answer some questions on the advice of his solicitor."

Something to hide?

"Why should he be asked to resign or be sacked if not convicted?"

As an gallant option to not having to go through the misery on behalf of the family and a costly retrial. He should have known his limitations.
Jury split over death crash policeman - Westpig
a gallant option doesn't pay your mortgage though, does it.....and could mean wholly innocent people might suffer (Wife/kids/other dependants)
Jury split over death crash policeman - ifithelps
The 'black box' recorded the van doing 94mph an hour before crash, which gave the impression of an officer who liked to press on.

The officer said he usually drove a Transit which he preferred because they are quicker and handle better.

Cleveland Police fit the Vivaros with an in-gear rev limiter which prevents drivers thrashing through the gears, but has no impact on top speed.
Jury split over death crash policeman - Ben 10
"a gallant option doesn't pay your mortgage though, does it....."

No, but it should be the minimum redress for causing someone's death.
Jury split over death crash policeman - b308
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Edited by b308 on 04/10/2009 at 11:38

Jury split over death crash policeman - PR {P}
I also know this road well and use it most days. The bump in question is one of those where a bridge joins the road again, and it does give quite a jolt. I can easily imagine a van travelling at speed would become unstable.
Jury split over death crash policeman - ifithelps
...I also know this road well and use it most days...

As did the policeman driving the van.

Jury split over death crash policeman - Westpig
news.bbc.co.uk/1/hi/england/tees/8418921.stm

after the second trial a finding of NG, with a 5 hour wait for the jury to return their verdict

will still have internal discipline to worry about, which can end in the sack

what a sad case, no winners here
Jury split over death crash policeman - Ben 10
It's the same in my work. You can be found not guilty of a offence in law, but you then have to content with discipline regulations. A form of "kangaroo court".

What charge under your regs. WP would they throw at him?
If the Federation feel the chances are he might get the sack over it, it might be better to resign to save what pension he has already accrued
Jury split over death crash policeman - retgwte
the copper will have had a very expensive legal team paid for by the police federation

the copper will probably have had his mates in the advanced driving fraternity gather round and say it was safe to go round at that speed

ordinary folk wouldnt have these advantages

and its sad to say that in this country he who can afford the more expensive legal team almost always wins, we dont really have a justice system we have a who has more money system

so whatever the merits of this case i am satisfied from my own first hand experience that justice will not be done and it will simply be a case of whichever side has the more expensive legal team winning, and a split jury will probably be a win for the copper in this case

if it were me i would be changing the rules so that there is some equity between folk with different wallet sizes

Jury split over death crash policeman - Pugugly
Federation is the equivalent of an Union - don't tell me that Unison wouldn't defend an Ambulance driver with an equally expensive (probably the same ones !) team. Duplicate for all other emergency services.

What escapes people that rant like this is that the Police/CPS would do everything they can to convict a Police Officer in these circumstances where other members of the public would have 'got away" with very early on. Get real.

Edited by Pugugly on 18/12/2009 at 12:24

Jury split over death crash policeman - retgwte
pug

yes some unions would defend their staff, but few as much as the pol fed

until recently no police had ever been locked up for killing someone on the roads, despite frequent deaths caused by police action (i dont actually blame the individual copper for all of this, its also the poor training etc)

Police do everything they can to avoid prosecuting their own, you are in fantasy land, as anyone who has been in the passenger seat of a car driven by a copper stopped by other traffic police will tell you

CPS maybe more neutral but lots happens to a case before it ever gets to them

I've been in court about a dozen times, and every single time the side with the more expensive lawyers won

You as a lawyer probably find it uncomfortable to admit but the so called justice system is a joke

I dont regard it as a rant, just realistic assesment of the realities
Jury split over death crash policeman - Westpig
Police do everything they can to avoid prosecuting their own you are in fantasy land


That is absolutely NOT accurate. One of mine currently has a WDC hanging over his head as a result of a recommendation by a supervisor. 18 months before that another pleaded Guilty to a WDC. The people that deal with police accidents i.e. Traffic officers, are usually exceptionally professional indeed...plus... all the cars nowadays have IDR's in them (Incident Data Recorders), which can be monitored via a plug in to a laptop after an accident....and MDT (Mobile Data Treminal) which can be monitored remotely from a control room and for example a snail trail done for the past 24 hours.

By the very nature of the job, you're bound to be put in situations of risk, it's unavoidable. How many people would dream of doing red lights or going the wrong side of Keep Left bollards etc in their own cars..or be expected to by their employer, then cop the points (or worse) on their own licences if it all goes horribly wrong, there's long been mutterings about having an Emergency Services Licence, to protect your own one, but can't see it happening as the worry would be people letting their guard down.

I don't know where PU gets his info from...but it's pretty 'on the ball'.

Jury split over death crash policeman - retgwte
come on westpig you telling me that the evidence in front of my own eyes is wrong?

i have great friends as coppers, and have great respect for them and the tough job they do

but they are certainly no angels

yes maybe in extreme a supervisor will take action, routine practise for day to day matters is rather different

i agree with much of the other stuff you say, but that for me just means the training should be significantly ramped up to compensate

emergency service licence i dont think i would support, i think positive as well as negative points on someones licence would be a better idea, then coppers could have so many + points for their good deeds, and the same could apply for everyone else too
Jury split over death crash policeman - ifithelps
The test is would a member of the public been treated differently?

I reckon if I was doing 77mph in a van, in wet conditions, in the dark, in a 40mph limit, with temporary roadworks, and killed someone, I would have been charged with death by dangerous driving, not careless.

But even that is a double-edged sword, because the police officer might think it was easier - not so much courage needed - for a jury to convict on the lesser charge.

Two juries in this case were clearly not prepared to convict a copper for driving very quickly to a genuine emergency.

Edited by ifithelps on 18/12/2009 at 19:04