Western Morning News

Van driver is cleared of blame for death crash

- STUART ABEL stuart.abel@reachplc.com

AVAN driver has been acquitted of causing the death of a motorcycli­st by careless driving.

Michael Couch, aged 52, has been cleared of blame for the fatal accident in Devon which claimed the life of 27-year-old father Courtney Richards.

A judge threw out the case against Mr Couch after ruling there was insufficie­nt evidence against him during a trial at Plymouth Crown Court.

Upholstere­r Mr Couch turned right across Mr Richards’ path as the motorcycli­st sped down a residentia­l street in Plympton, the jury heard.

Witnesses said his Suzuki could have been going at between 45mph and 60mph in Hillcrest Drive, where the limit is 30mph.

Mr Richards, who has a wife and young baby, was killed instantly when he collided with Mr Couch’s Nissan van on the afternoon of July 3, 2020.

Mr Couch was turning right into Longwood Drive for a work appointmen­t when the Suzuki struck the rear of his vehicle.

The motorbike then careered into a Peugeot van behind the Nissan. Mr Richards, a keen boxer, was pronounced dead at the scene.

Mr Couch, of Thames Gardens, Efford, denied causing death by careless driving and stood before a jury.

Defence barrister Nick Lewin said that he had no case to answer at the close of the prosecutio­n case this week. Judge William Mousley agreed that there was insufficie­nt evidence for the jury to consider the charge. He granted the prosecutio­n time to consider applying for leave to appeal his decision, which would resurrect the case, but prosecutio­n barrister Jason Beal told the court yesterday that the Crown was not seeking to continue the case.

Judge Mousley discharged Mr Couch from the dock as an innocent man. An inquest will be held into Mr Richards’ death now that the case is over.

The judge said: “I recognise the dreadful circumstan­ces of what took place for Courtney Richards and for his family and friends. I wish everyone well, going forward.”

He told the jury that he had to consider whether Mr Couch’s driving fell below the legal standard of a “careful and competent driver”.

Judge Mousley said that the right turn the van made was a proper manoeuvre. There was no firm evidence to establish the speed of the Suzuki, with the trial hearing of several witnesses. He added that expert evidence in the trial had shown that it would have been difficult for Mr Couch to assess the speed of the approachin­g motorcycle.

Judge Mousley said: “Putting all that together, I am quite satisfied there is insufficie­nt evidence for this jury to reach a proper and safe conclusion that the standard of driving was below that of a careful and competent driver.” He directed the jury forewoman to enter a formal not guilty verdict on behalf of the panel.

The trial heard that Mr Couch was interviewe­d formally by the police five days after the incident. He “expressed sorrow for Mr Richards and his family”.

Mr Couch said he was just slowing down to turn when he saw a “little black dot” in the road ahead – Mr Richards on his Suzuki. The defendant told officers he was almost in Longwood Drive when the motorbike clipped the back of his van.

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