GT Stewart Solicitors represented MR who was charged with an offence of driving without due care and attention and an assault (ABH) where it was alleged that MR used his vehicle as a weapon to cause injury to the complainant.
The Crown’s case was that there was an altercation at a set of traffic lights in Leeds City Centre whereby the complainant got out of her car to speak to MR, and in an attempt to intimidate her, alleges that MR drove his car at her deliberately causing injury to the back of her right ankle. The Crown served medical evidence that the complainant suffered bruising and death of the fatty tissue in her right ankle.
MR is a man of good character who has held a clean driving licence for many years. He gave evidence at his trial that he had not driven his car at the complainant and had not made contact with any part of her ankle. He went on to say that he had indicated that he was moving into an inside lane when the complainant came hurtling down the inside lane and he pulled back over to let her pass. The complainant was gesticulating at him and began to open MR’s door whilst he was still driving and she was shouting at him. Both MR and his passenger gestured for the complainant to get out of the way and as she failed to do this, MR had to turn the wheel to the right to drive around her. MR believed that the complainant kicked the car as he tried to get away.
The Crown obtained a statement from MR’s passenger but did not rely on his statement as they believed that he was a friend of MR and would say anything in order to corroborate MR’s version of events. In fact, MR was a work colleague, who did not socialise with MR and who agreed to attend the trial to give evidence. The Magistrates found him to be a very credible witness and noted the inconsistencies in the evidence given by the prosecution witnesses
After trial, MR was found not guilty of both offences. MR was represented by Leigh Nisbet, our Road Traffic Specialist from our Leeds office.
