Prosecution threshold was not met in case of Black Country schoolgirl struck by driver with drugs in his system
A driver who had drugs in his system when he struck a Black Country schoolgirl was not prosecuted due to the "evidential threshold" not being met, it has been revealed.
Olivia Kolek, aged 14, was crossing Station Road in Rowley Regis on New Year's Eve in 2021 in darkness when she was struck by a silver Mercedes near the railway station at about 4.48pm. She had been heading to a party.
Driver Brendan Lord told the inquest earlier this week that he did not see the Ormiston Academy pupil, of Anchor Road, Tipton, in the road. He said he was a regular cannabis user and had smoked some the previous day. In the aftermath he tested positive for cannabis and cocaine "breakdown", while crash investigators using CCTV footage calculated the car had been travelling at speeds of approximately 34-38mph in a 30mph zone on impact.
Mr Lord said the speedometer showed he was travelling at 31mph.
The hearing was told that Mr Lord, who lived in Stourbridge at the time, was not charged with any criminal offences relating to the case.
After the inquest West Midlands Police told the Express & Star: "This was an horrific case which resulted in the loss of Olivia's life and our thoughts remain with her family and friends. A full investigation into the collision was carried out by our Serious Collision Investigation Unit who considered relevant offences under the Road Traffic Act.
"The investigation showed that the evidential threshold for these offences was not met, so the police investigation was concluded and referred to HM Coroner.
"The decision to take no further action and the full rationale was explained to Olivia’s family and supplied to HM Coroner prior to the inquest taking place."
Black Country Area Coroner Mrs Lees told the hearing said was not persuaded that Mr Lord, who was driving his family to Quinton at the time, "could have reasonably expected to see a pedestrian" in the road. "At the point of which she became conspicuous I am satisfied with the evidence of two seconds before the collision. That doesn't mean that she was seen."
"The evidence does not enable me to conclude that had the Mercedes been travelling according to the speed limit that the collision would not have occurred."
She recorded a conclusion that on the balance of probability the teenager, who had suffered fatal head injuries, died as a result of a road traffic collision.
Mrs Lees added that she would write to Sandwell Council requesting a review of the street lighting in the vicinity after witnesses said Station Road was a dark street even when the street lamps were lit.
Olivia's parents Izabela Maziakowska and Lucsaz Kolek, of Tipton, described their only child as the "brightest star".
The coroner told the the couple there was nothing she could say to bring their daughter back, but she hoped they took comfort from the proceedings.
Mr Lord, aged 42, also gave his condolences during his evidence at the inquest.