A DRIVER who walked free from court after it was claimed she fainted at the wheel seconds before killing a cyclist, has also held on to her driving licence.
Tracy Johnson was driving her Ranger Rover Sport at up to 51mph when the vehicle straddled the kerb and ploughed into mum-of-three Sharon Corless as she cycled along the edge of the road, causing fatal injuries.
The two-ton 4x4 then smashed into the 43-year-old's husband, who had been cycling in front, before smashing into a car and hitting a lamp post.
Ms Johnson, 35, of Lyndale Avenue, Warrington, denied a charge of causing death by dangerous driving.
Witnesses described how the Range Rover's brake lights never came on and that the car appeared to speed up moments before the collision.
But the case was dropped yesterday after experts ruled she probably fainted at the wheel.
And the M.E.N. has learned Ms Johnson still has a driving licence despite her blackout - although she insisted she didn't intend to ever drive again.
The decision to drop the charges has prompted fury from Mrs Corless's grieving husband Peter.
Mobile phone
Chester Crown Court heard that Ms Johnson had been speaking to her partner on her mobile as she drove just a couple of minutes before the tragedy, although not directly before the crash.
Ms Johnson sobbed as a formal not guilty verdict was entered by the judge.
Mr Corless, whose last memory of his wife is of her smiling during the bike ride, blasted the decision by the Crown Prosecution Service to drop
the case, saying: "A couple of people in a room have decided this isn't going to court."
He said: "Our lives have been turned upside down but at least the prosecution would have meant the judge and jury hearing evidence as to what happened and, ultimately, some justice for Sharon.
"Now that won't happen and until I receive a proper explanation of the supposed 'medical' condition that caused Tracy Johnson to hit us, I remain bitterly disappointed that the prosecution has been dropped. We had been told by the police after the accident that they had examined the driver and there was no medical explanation for her erratic driving. So to be told this news so long afterwards is difficult to understand."
His solicitor Catherine Leech, of Manchester law firm Pannone, said the CPS decision had left her client 'bewildered and let down'.
The court heard the Range Rover speeded up as it approached a roundabout on Kingsway South, Warrington, on September 27, 2008.
Dazed Ms Johnson emerged from the Ranger Rover after the crash and said: "What's happened?"
Moments later she asked for her mobile phone, which was found in the passenger foot-well of her car, to phone her partner.
The police investigation found that, although there was 'no evidence' she was on her mobile at the time of the crash, there was evidence she had made a 50-second phone call to her partner two minutes and 44 seconds before the tragedy as she was driving.
When she was interviewed, Ms Johnson said she could not remember the incident, only 'coming round' in her car afterwards.
Fainted
Her defence instructed consultant cardiologist Dr Adam Fitzpatrick, who concluded it was 'likely she suffered from an abrupt episode of syncope'- fainted - at the wheel.
The Crown then recruited its own consultant cardiologist, Dr Jed Wright, who said Ms Johnson was in 'normal health' could not get her to faint again despite replicating the circumstances of the crash and 'examining her at length'.
But he added that 50 per cent of the population would faint at some time in their adult lives even though it might never happen a second time.
He concluded that she had 'probably' fainted when he took into account the other circumstances, particularly that Ms Johnson had not used her brakes throughout the incident.
Offering no evidence, David Potter, for the Crown, said: "The prosecution could not invite a jury to disregard the evidence of two expert cardiologists."
Judge Elgin Edwards said: "To put it quite bluntly the prosecution would have to prove beyond a reasonable doubt that the defendant was driving dangerously at the time. If she was unconscious or may have been unconscious, the prosecution could not have proved the case against her."
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Showing comments 1 to 23 and replies | View All
Carol Farrell, Worcester (12/01/2010 at 11:38)
Judge Dredd, Manchester (12/01/2010 at 11:52)
Ignoramus, Manchester (12/01/2010 at 11:58)
Not her fault, this was a tragic acident. What would a life time ban achieve? As stated by an expert this could happen to half of us. should we ban half the population from ever driving as well?
Huckleberry Mudsplasher (12/01/2010 at 12:16)
"What would a life time ban achieve?
She has effectively got a lifetime ban - She has a licencs but does not comply with the regulations (Medical condition - known to feint) and what insurance company would take on a driver with a problem which could cost them millions if she feinted again - especially if she killed someone else, herself or members of her family etc.
Tezza, Tyldesley (12/01/2010 at 12:23)
"Maybe a lie detector would shed more light on what happened"
This is real life not Jeremy Kyle
Ignoramus, Manchester (12/01/2010 at 12:23)
She has effectively got a lifetime ban - She has a licencs but does not comply with the regulations (Medical condition - known to feint) and what insurance company would take on a driver with a problem which could cost them millions if she feinted again - especially if she killed someone else, herself or members of her family etc.
Thats true I didn't think of that, excellent point
Pushkin (12/01/2010 at 12:47)
On the whole this seems incredibly 'convenient', and although I hate to say it, I bet a bloke wouldn't get away with the same excuse.
davefb, bolton (12/01/2010 at 12:50)
Why isn't this involuntary manslaughter? After all, the cyclist DID still die.
Pushkin (12/01/2010 at 13:03)
What's the difference between fainting and falling asleep? They're both involuntary and liable to cause death or serious injury.
If you present any risk at all, your licence should be suspended pending further analysis for a minimum period in case of recurrence.
J smith (12/01/2010 at 13:22)
chris (12/01/2010 at 13:25)
If someone is killed on a building site or factory then we'd be all over it. If someone gets behind the wheel of a car and kills someone and then we just shrug out shoulders and say "oh well, it was an accident"
People feel invincible driving and often do not understand their responsibility towards other, more vulnerable road users.
Sadly the attitude of CPS and judicial system reinforce this perception.
Shame on the people that decided to let this go, I hope you can sleep at night.
Chris R, Irlam (12/01/2010 at 13:43)
I find it hard to disagree with that, sadly....
If she'd have been a motorcyclist and had crept over 100mph AND NOT SUFFERED ANY MISHAP LET ALONE KILLED SOMEONE she would have STILL stood a good chance of being jailed & all that entails like possibly losing family, job, home etc. How sad.
curiousyellow, Rusholme (12/01/2010 at 14:11)
Not her fault, this was a tragic acident. What would a life time ban achieve? As stated by an expert this could happen to half of us. should we ban half the population from ever driving as well?
Ignoramus, Manchester
12/01/2010 at 11:58
---------------------------------------
If they've killed someone through driving, YES!!
local_lass, Burnage (12/01/2010 at 15:35)
As the CPS'sown expert stated 50% of the population will faint during their lifetime and not necessarily do it again.
It cannot be repeated, predicted or replicated. She has no medical condition.
The CPS did not take her word for it, their was other evidence aswell that meant legally she could never safely be convicted as their would always be reasonable doubt.
The difference with falling asleep is that when sleepy their are warning signs and steps you can take to prevent it.
Ignoramus, Manchester (12/01/2010 at 16:42)
Yes, that would send a strong message out to people not to faint a the wheel.
RedRef, Manchester (12/01/2010 at 17:05)
This is a CON, they are not even sure...TOTAL INJUSTICE to the victims.
john johnson (12/01/2010 at 17:05)
Has not driven since. Ask yourselves this --
If a driver was unconscious and crashed, would the accident
look like this one??
Understand first, Judge last.
Rammylad (12/01/2010 at 17:06)
RedRef, Manchester (12/01/2010 at 17:14)
JayTilzey, m29 (12/01/2010 at 18:53)
mr jones (12/01/2010 at 21:52)
She has effectively got a lifetime ban - She has a licencs but does not comply with the regulations (Medical condition - known to feint) and what insurance company would take on a driver with a problem which could cost them millions if she feinted again - especially if she killed someone else, herself or members of her family etc.
Thats true I didn't think of that, excellent point
Ignoramus, Manchester
12/01/2010 at 12:23
insurance companies will insure anyone with a valied licence, fit free for 12 months, if the insured driver has an accident while having a black out then the driver is not neglegent by law its called automatism, the insurence companies dont pay compensation in these situations so they cant lose,its tough luck to the injured victims and they just dont care,
local_lass, Burnage (15/01/2010 at 15:39)
No but it could easily be the only case where a driver fainted and hit a pedestrian and itwas allowed to getto court before the CPA dropped it.
Show me your evidence its never happened before.
Higgs Boson, Greater Manchester (15/01/2010 at 16:21)