Conviction quashed in death crash case

A motorist who knocked down and killed a pensioner leaving a Black Country church has had his conviction for careless driving quashed.

A court took less than five minutes of deliberations to grant the appeal of Manjinder Kang. The 35-year-old was going one mile an hour above the speed limit in his people carrier and had only a second to brake before tragedy struck, the hearing was told.

Roland Hopkins, for the respondent, conceded that the collision was unavoidable but insisted that there was still sufficient time to reduce the speed of the Mazda to 8mph before impact.

In fact the vehicle was doing 31 mph when it struck 83 year old Allen Slater as he crossed Wolverhampton Road East in Parkfields, Wolverhampton after locking up nearby St John's Methodist Church in January 2007. He died in hospital from complications related to his injuries 29 days later.

Mr Kang, from Dovedale Road, Ettingshall Park, told Wolverhampton Crown Court yesterday: "I became aware of him just before the impact. I felt I did all I could."

Ian Strongman, for the appellant, said that there were competing demands on the attention of the driver at the critical moment such as checking his speedometer and avoiding parked cars.

The lawyer continued: "Mr Kang showed the degree of attention required by the law."

The motorist was found guilty of driving without due care and attention and fined £500 with £500 costs by Wolverhampton Magistrates who also putÊsix penalty points on his licence in February this year.

Recorder Simon Medland, sitting with two magistrates, said after less than five minutes deliberation: "We are firmly of the opinion that the prosecution does not come close to proving this case.

"A driver who did not see a pedestrian for a second displays very far from the lack of care and attention required for a successful prosecution." He ruled defence costs should be paid from public funds.