CRASH VICTIM FAMILY’S PAIN AS LEGAL BLUNDER DENIES JUSTICE
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COURT case against a driver accused of hitting a man and leaving the scene has been dropped due to an error by the authorities handling the case.
Mark Westerman, 44, from Rogiet, Monmouthshire, was charged with failing to stop following a road traffic collision which left John Conibeer with lifechanging injuries.
But the case has now been withdrawn by the courts and Mr Conibeer and his family are devastated that nobody will now face trial.
Mr Conibeer was injured in an alleged hit-and-run on February 17, 2018, on A48 Pwllmeyric Hill in Chepstow.
Mr Conibeer had been travelling from Chepstow to Newport on the night of the incident when the Honda he was in lost control.
When he stepped out of his car to try to move it he was hit by a Ford Transit van.
He sustained injuries to his face, shoulders, ribs, leg, pelvis, bladder, liver and kidney which have required hundreds of hours of surgery to repair, and he is still a long way from recovery.
Mr Conibeer’s partner Emma Ross was there when the incident happened and described him as a “ball in the road” with his hips up by his head.
Mr Westerman was arrested 13 months after the incident and was charged with failing to stop and failing to report the collision to the police.
But the case was withdrawn by the police-led prosecution at Newport Magistrates’ Court after it was discovered the time limit for charges to be made had lapsed.
This revelation has left Mr Conibeer and his family devastated.
Ms Ross said: “It was like being hit by a train for him, it set him right back. His brain injury means he struggles with expressing himself.
“He’s very confused and trying to explain something like this to John was very difficult. It got very intense in court and he got asked to leave the courtroom.
“It’s absolutely devastating. We have waited 18 months for this day and we thought John was going to be able to get the answers he needed.
“It has been a massive blow and a massive setback emotionally.”
Mr Conibeer’s family have been in touch with Gwent Police and the Crown Prosecution Service (CPS) and are considering making official complaints to the relevant authorities.
Ms Ross said: “They have apologised, but that’s it. It was a massive cock-up, but all we’ve had is ‘sorry’.
“We will never know why, not that it would make a difference to John’s condition, but something so life changing is bound to have an effect on him.”
Mr Conibeer, 34, from Newport, is still receiving regular appointments with a specialist in London and is awaiting more surgery, which could see the removal of some of his fingers.
Ms Ross said: “John is doing brilliantly and better than anyone thought he would do. He’s still slow and stiff and he can’t lift his legs. We have to help him out of the shower, and if he sits down for longer than five minutes he’s got to stand up again.
“Everybody is shocked every time they see him. He was such a healthy man with his football and his boxing. If it wasn’t down to his size before I don’t think he would have made as good a recovery.”
A Gwent Police spokesman said: “Gwent Police followed the standard procedures in respect of this investigation and sought advice at an early juncture from the Crown Prosecution Service. We note the outcome of the trial and the legal arguments raised by the defence.
“It would be inappropriate to comment further.”
The CPS said: “We have received a complaint in relation to this case. It would be inappropriate for us to comment further at this stage.”