Barrister says case should be reviewed
A CRIMINAL barrister believes the case where a toddler was killed when a car rolled down a driveway and knocked down a wall needs to be reviewed.
Pearl Black died when a Range Rover rolled across a road and demolished a wall which fell onto her in Heolgerrig, Merthyr Tydfil, in August last year.
An inquest into her death was held on Thursday, and ruled that her death was an accident.
A criminal case was not brought against the owner of the Range Rover, Andrew Williams, as the Criminal Prosecution Service (CPS) found that the case “failed to meet the evidential test for prosecution”.
Speaking after the inquest, the Black family questioned the decision to rule out criminal action because the vehicle began its motion on private property before rolling across a road.
Their legal representative said the family has asked him to contact the CPS to ask them to review their decision not to prosecute, and added the family believe there is a prospect of bringing a claim for gross negligence manslaughter as a result of the evidence given during the inquest.
Speaking yesterday, a senior barrister has said he believes the CPS should review the evidence.
Andrew Taylor, a criminal barrister based in Cardiff, said: “The prosecution need to go back and look at everything that was said, review the evidence and look at the possibility of gross negligence manslaughter.”
Speaking to BBC Wales, Mr Taylor said: “What the CPS has said is the crime, if there was a crime, didn’t pass the evidential test and I’m very concerned about that because as all of us know if we drive a car, and driving a car includes parking a car, we are under a duty to protect other road users.
“And many of us who own automatic vehicles know that the logical thing to do if you park your car is to put your car into P, which means Park. Also to put the handbrake on so that you don’t endanger other road users.
“What seems to have happened here is the owner of this car did not put the car into Park.”
As for a criminal case not being pursued because the vehicle started its motion on private land, Mr Taylor added: “I don’t agree with that. When they (CPS) say it doesn’t pass the evidential test I’d like to know what test they are applying bearing in mind the driver of the Range Rover claims to be qualified mechanic.
“He’s also a qualified driver and should know that he was under a duty to stop that vehicle in a way that it didn’t endanger anybody else.
“If I parked my car at the top of a hill and I left the car on private land which extended perhaps a yard or two and I didn’t operate the brake and I didn’t manoeuvre the car in a safe way and didn’t stop it in a safe way, it then rolls down the hill it could take out a series of people.
“I could then say ‘tough, the car started its movement on private land so therefore I am in the clear.’”
Pearl’s parents, Gemma and Paul Black, said one of the hardest things for the family to come to terms with was that there had not been any prosecutions.
They are now calling for a change in the law.
Speaking after the inquest, Mr Black said: “The past year has been the worst of our lives and while we know that nothing can bring her back, one of the hardest things has been coming to terms with the fact that no-one will face prosecution for her death.”
He said the loophole in the law had stopped them “getting justice for their daughter” and that they had met with local MP to discuss a change in the law.
He said: “The loophole in the law that the vehicle started its descent on private rather than public land has stopped us getting justice for our daughter.
“The law as it stands has prevented us any repercussions for what was not a fluke accident and could have been completely avoided had the handbrake been fully applied and correctly placed in park.”
Mr and Mrs Black said they have asked their solicitor to contact the CPS to ask them to review their decision not to prosecute.
A spokesman for the CPS said: “The CPS carried out a thorough review of the evidence and concluded the case failed to meet the evidential test for prosecution.
“We have explained the reasons behind this decision to Pearl’s family and our thoughts remain with them.”