Auriol Grey: Woman who caused cyclist to fall into path of car has manslaughter conviction overturned
A woman who shouted and waved aggressively at a cyclist on the pavement, causing her to fall into the path of a car, has had her conviction for manslaughter overturned and walked free from court.
CCTV showed Auriol Grey shout “get off the f****** pavement” as Celia Ward approached her in Huntingdon, Cambridgeshire, in October 2020.
The 77-year-old then veered off the 2.4m-wide path into the road.
Mrs Ward, a grandmother, died after she was struck by a car.
Grey, who has cerebral palsy and was described by her lawyer as “partially blind”, was given a three-year jail sentence in March 2023 after being convicted of manslaughter.
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March 2023: Woman jailed over cyclist’s manslaughter
But the Court of Appeal ruled today that the manslaughter conviction should be overturned and she walked free from court.
Dame Victoria Sharp, sitting with Mrs Justice Yip and Mrs Justice Farbey, said: “In our judgment, the prosecution case was insufficient even to be left to the jury.”
She added: “In all the circumstances, we have no hesitation in concluding that the appellant’s conviction for manslaughter is unsafe.”
Celia Ward (right). Pic: PA
Following the ruling, Grey’s family said: “Whilst we welcome the decision of the Court of Appeal our thoughts today are also with the Ward family and I am sure a day doesn’t go by when they don’t remember their tragic loss.
“There has been unnecessary and prolonged suffering and vulnerable people like Auriol need better support from the justice system – we hope lessons will be learnt.
“After a tough start she has strived over decades to build a normal life without seeking attention and we don’t underestimate the difficulties she will face rebuilding this.”
It was decided earlier this year, in March, that Grey could appeal against her sentence.
At the time, it was argued that Grey’s sentence had been “excessive” and that an autism diagnosis secured after the trial may have made a difference in the case.
The court had heard that Grey had been charged with unlawful act manslaughter – which requires an unlawful action to take place that caused death.
However, her lawyers argued to appeal judges that no such “base offence” was ever identified during the trial.
Adrian Darbishire KC, for Grey, said: “The trial seems to have proceeded on the basis that some kind of unlawfulness, undefined and unspecified, was sufficient to found this offence of homicide.”
Dame Victoria and her fellow appeal judges agreed, ruling that jurors were not asked to decide “the fundamental question of whether a base offence was established”.
CCTV showed Grey walking along the pavement shortly before the incident. Pic: PA
The senior judge continued: “The appellant’s actions that day contributed to Mrs Ward’s untimely death… Had Mrs Ward not died we regard it as inconceivable that the appellant would have been charged with assault.”
Grey’s actions were described as “hostile gesticulation” during the trial.
But this, Mr Darbishire said in the appeal, was “not a crime, otherwise we would have 50,000 football fans each weekend being apprehended”.
The Crown Prosecution Service (CPS) had responded to the appeal, with its barrister Simon Spence KC telling the court it was accepted that “common assault as the base offence was not identified by name”.
After the judges had given their ruling, Mr Spence asked for Grey’s case to be sent back to the crown court for a retrial, which was denied.
In a separate statement, Grey’s legal team said that neither Mrs Ward’s family or Grey’s “should ever have been put through this ordeal”.
They said: “As the court found, once the legal elements of the offence were properly understood, it was clear that there was no proper basis for Ms Grey to be convicted of manslaughter, or indeed any offence. As a result, her conviction was quashed.
“Ms Grey simply should never have been charged.”
The lawyers continued: “Mrs Ward should never have been faced with the choice between cycling on the pavement or cycling on a busy and dangerous ring road.
“Had a clear and well-signed cycle path been in place, safely separating vulnerable pedestrians such as Ms Grey, this accident would never have occurred.
“Equally, misconceived prosecutions and wrongful convictions such as this cause untold pain to all those affected, including the family of the deceased, as well as the person wrongly accused.”
The crash involving a cargo ship and oil tanker off the East Yorkshire coast is bad news for the sea, fish and air in the area. What we don’t know yet is quite how bad it will be.
That depends on a few things – but the speed of the collision, clouds of filthy black smoke from the fires and the leaked fuel are certainly worrying.
Firstly, it matters what was on board those two massive vessels.
Follow live: Jet fuel spilling into sea after tanker collision
Analytics firm Vortexa estimates the 183m-long tanker was carrying about 130,000 barrels of jet fuel (kerosene), which is now leaking into the sea.
Jet fuel is not as sticky or viscous as heavier types of oil, thankfully, so it’s less likely to clog the feathers and fur of birds and seals. It can also be broken down by natural bacteria.
But it can still poison fish and kill animals and plants on the shoreline if it makes its way into the soil there.
The Marine Conservation Society has pointed out the site in the Humber estuary is close to some protected areas and is important for seabirds and harbour porpoises.
And both ships will have been powered by a dirtier, heavier kind of oil – likely marine gas oil or heavy fuel oil, though we don’t know the details yet.
Heavy fuel oil is nasty stuff.
Pic: Bartek Smialek/PA
Cheap, thick and tar-like, it can smother animals and is very dangerous if they consume it, and is extremely difficult to clean up. Let’s hope this isn’t creeping around the North Sea already.
We don’t know how much of either the jet fuel or the oil powering the ships has leaked, or how much will be burned off in the violent fires – which themselves are ploughing black smoke and filthy air pollution into the surrounding atmosphere.
And we don’t know for sure what was on the Solong cargo ship and if, or what, will go into the sea.
Cargo ship ‘had sodium cyanide on board’
It was carrying 15 containers of sodium cyanide among other cargo, according to a report from maritime data provider Lloyd’s List Intelligence.
The container vessel was also transporting an unknown quantity of alcohol, said the casualty report – an assessment of incidents at sea – citing a message from the local coastguard.
Plastic takes hundreds of years to break down, and potentially can choke or trap animals.
Many of us have seen that uncomfortable viral video of a turtle having a straw yanked out of its nose. Previous accidents on cargo ships have seen plastic Lego pieces wash up in Cornwall 25 years later.
Read more:
How UK North Sea platforms dump gas
Secondly, the impact depends on the sea and weather conditions around it.
Things like the wind and currents affect how an oil spill spreads in the sea. Scientists can draw up computer models to simulate how the oil could behave.
Thirdly, it matters how quickly this is all tackled and then cleaned up, if necessary, and if it can be.
Usually the slower the response, the worse the impact.
The coastguard has said the incident “remains ongoing” and it has started assessing the “likely counter pollution response” that will be required.
Such a response might need the help of numerous public bodies: the government environment department, the transport department, the Environment Agency and the Maritime and Coastguard Agency.
So for now the best we can hope for – aside from the welfare of the people involved – is that not all the oil is spilled or burnt, that conditions are calm and that rescuers and those cleaning up can work swiftly.
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