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.
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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.”
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”.
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.”
“I’m never drinking tap water again,” Kayley Lewis says.
“My symptoms have made me lose a stone in two weeks.”
Ms Lewis and her two children have been suffering from diarrhoea, vomiting and stomach cramps for over a fortnight – since South West Water found small traces of the parasite cryptosporidium in the Hillhead reservoir.
“I can’t trust them [South West Water] again.
“I might start using tap water for dishes… but definitely never to drink. Ever.
“I’ve been completely put off now… especially because of how poorly it makes you feel.
“I just don’t think I could ever try and risk going back to that.”
At least 46 people are confirmed to have the disease, while as many as 70 other cases of diarrhoea and vomiting are also under investigation, the UK Health Security Agency (UKHSA) has said.
South West Water (SWW) has repeatedly apologised – telling Sky News today that they are working “around the clock” to get all households back to using safe water again.
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This could be as early as this Wednesday, drought and resilience director at SWW David Harris told me.
“We’re looking at somewhere between mid to late next week before we’ll be in a position to be able to responsibly lift that boil water notice.”
So far, 14,500 households in the Alston supply area can drink their tap water without boiling it first – as advised by SWW.
However, some 2,500 homes in Hillhead, upper parts of Brixham and Kingswear have been told to continue boiling – and cooling – their water supplies before drinking it.
Steve Price, who runs the Station Guest House B&B near Brixham, said he lost a couple of thousand pounds in bookings due to – understandably – paranoid customers.
“Losses we anticipate are roughly around £2000 from people that have cancelled and directly stated that the cancellation was due to the water situation.
“So we would anticipate that at the bare minimum as compensation.”
At every step through the Infected Blood Inquiry, he has been in his family’s hearts and minds.
Just like every other bereaved family carrying the memories of loved ones throughout their long fight for justice.
“The way I feel… I don’t feel like my brother can rest until we all rest,” Peter Lloyd’s sister Sarah told Sky News.
Mr Lloyd was the second of seven siblings.
He joined the RAF and loved serving his country. He became a chief technician and was posted to RAF Akrotiri in Cyprus.
However, it was a car crash in the UK in July 1985 that caused him to suffer horrendous injuries.
He had a blood transfusion in hospital that he and his family believed had saved his life. That may have been true, but it also, years later, led to his death.
He was only told more than a decade after the transfusion that he’d received contaminated blood. He was diagnosed with hepatitis C shortly after.
Mr Lloyd later developed bowel and liver cancer and died aged 55 in 2008.
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‘It tears your life apart’
His family’s mission since then has been to help ensure the whole scandal of contaminated blood transfusions is fully understood.
His sister Sarah Martin, 66, told Sky News that compensation should be paid, but that it can’t put right the wrongs: “I’d rather have my brother, I’d rather not have any money.
“He’s gone – they have taken him through reckless blood transfusions.
“It’s just heartbreaking it tears your life apart.”
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One of the boys, aged 13, was rescued from the river and taken to hospital, where he remains “in a critical condition”, Northumbria Police said in a statement on Sunday morning.
A huge search, which involved the police, ambulance, fire and mountain rescue services, then continued as crews raced to find the second boy.
“Sadly, the 14-year-old’s body was later found in the water and he was pronounced dead at the scene,” police said.
Chief Superintendent Helena Barron, of Northumbria Police, said it was an “absolutely tragic incident”.
She added: “Our thoughts are with the families of both boys at this difficult time as we continue to support them.
“A number of agencies were involved in the incident and their support was hugely appreciated.
“It is with great sadness that we could not provide a more positive update.”
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Police said the parents of both boys are being supported by specially-trained officers.