Jo Morris prosecutes difficult case of death by dangerous driving involving 90-year-old driver and 85-year-old victim

Prosecution and Trial Overview

Jo Morris, instructed by the CPS, prosecuted Mr. Colin Kirby-Green at Ipswich Crown Court for causing death by dangerous driving.  The trial lasted six days and was complicated by the issue of the defendant’s fitness to stand trial.

The Incident

Mr. Kirby-Green was ninety years old at the time of his trial, and eighty eight at the time of the offence.  CCTV showed him reverse out of a parking space at Waitrose, lurch backwards at high speed, knocking over the deceased, Mrs. Jepson, and then reversing back over her briefly, before driving over her again and driving away from the scene.  Sadly, Mrs. Jepson suffered multiple fractures and ultimately died of her injuries ten days later.

Fitness to Stand Trial

Much of the hearing was taken up considering the issue of the defendant’s fitness to plead and stand trial.  Although all experts initially agreed the defendant would be fit with adjustments to the court process, they revisited their conclusions when Mr. Kirby-Green developed Alzheimer’s.

Legal Argument and Jury Impact

The complaint against Mr. Kirby-Green was not that he was driving furiously, but that he was unfit to drive by virtue of his age and therefore made a pattern of errors, any one of them amounting to careless driving but, when taken together, were a campaign of dangerous driving. One juror had to be discharged having found the CCTV too “disturbing” to continue.

Media Coverage

Daily Mail

yayhoo!news

About the Barrister

Jo Morris was called to the Bar in 2003. She prosecutes and defends. Jo’s experience is wide-ranging and includes terrorism, homicide, sexual offences, serious violence, firearms and fraud. Jo is known for her ability to support clients who are vulnerable, under stress, and struggling to deal with legal the process.

To instruct Jo, please contact her clerks, Ryan Bartlett or Amie Harris on 020 7404 1881.