Judge slams law over fatal accident

26 February 2010
A judge queried whether a defendant lorry driver involved in a fatal accident should be punished if the traffic-dodging victim did not know the Highway Code

The judge in the case of a lorry driver accused of killing a pedestrian has criticised the prosecution law concerned as the victim had been dodging traffic.

Judge Henry Blacksell QC said 64-year-old Lucy Pontecorvo was breaking the Highway Code at the time of the accident in which she was killed in Holloway Road, north London. He questioned whether driver Lucian Damacus could be held responsible.

A jury at London's Blackfriars Crown Court cleared Damacus of causing death by dangerous driving.

Judge Blacksell refused to halt the case, saying it was for the jury to consider, properly directed. But he said: "Parliament has now passed legislation whereby it tries to deny the fact that accidents do happen. Should you be prosecuting a lorry driver for death by careless driving because the pedestrian didn't know (the Highway Code)?"

Miss Pontecorvo was pushing her bike when she emerged from behind a wheelie bin and started to cross in front of the lorry, which was stationary in traffic during the evening rush-hour on September 8 2008, the court heard. When the lorry slowly moved she was crushed and died from multiple injuries.

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