Well, I've read the judgement and it's full of inconsistencies and obfuscation (e.g. 'binary truth values' and 'forensic yardsticks'). Jeez, give me strength!
Basically, a child tried to dash across a busy road between two cars at a pelican crossing on a dark rainy winter morning and collided with the following car. Only UK lawyers could expensively expand her tragic error of judgement during the next five+ years into a 'bundle' of 757 pages' and a 'judgement' of 120 pages. Goodness knows how much it all cost.
Para 5 'she stepped onto the crossing' P25 'she was moving at 4.8m/s...' (that's 17,280m per hour, over 10mph!) And that apparently included a 'freeze' time so she must have suddenly started to dart as fast as she could, then suddenly realised she couldn't make it. P30 'it is possible (she) would have kept running' P 85 'no doubt the claimant froze for 0.3secs'. It would be interesting to see the available videocam footage but despite a last split-second swerve it seems to me the driver didn't have a cat in hell's chance of avoiding her.
The tone of Para 40 seems to me that 'the court' (an absurd way of referring to Mr Dias, the tyro judge) took an instinctive dislike of Dr Chandran's confident and understandably defensive demeanour. She would have been under a prolonged adversarial attack by the prosecuting barrister. The next twenty five paragraphs of obfuscatory verbiage appear to indicate that he was jolly well going to find her guilty. The photo of the crossing in P33 is taken in broad daylight and in no way reflects its appearance through a rain splattered windscreen (were the wipers on?) at night, which would doubtless have been dominated by the two green traffic lights, drawing the eye towards them. We don't even know what clothing the child was wearing to render her more or less visible. Nor is there any question about the child's eyesight. In all the extensive discussion about whether or not the child was seen, or at least not seen until the last split second, I find it astonishing that these questions are not mentioned.
P 74 'She is not an expert. She does not decide the reasonable speed, the court does'. This seems an arrogant statement. Where is the evidence that Mr Dias is any more of a driving expert than Dr Chandran? Perhaps 'the court' might take note of experts, but he even says (P31)...'I emphasise......that I do not decide this case on expert evidence'!! So is it just the judge's gut feeling?
The doctor drove this route many times (P35). I wonder how often the child crossed here, taking her chances with the traffic, as 12yr olds so often do?
Finally, I think P116's conclusion that 'the defendant is chiefly responsible for the collision' is unjust to the point of absurdity. I wonder if it was influenced by a thought that there might be an appeal, resulting in a few more Pullman Cars added to this already slow and lengthy legal gravy train?
This post interests to me, as over fifty years ago a child ran out between two parked cars and collided with mine. Fortunately there were no consequences as she jumped up and ran off, but it could have been tragically very different. The mental anguish of the unfortunate doctor can only be imagined.
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