A MOTORIST who ran over Andy Priaulx’s mind coach was yesterday found guilty of driving without due care and attention. But summing up, assistant-Magistrate Philip Robey said it was quite likely that pedestrian Ian Pollock, 56, pictured, had been partly responsible for his own misfortune.
‘It may well have been the case that the pedestrian should have shared his own blame for the collision and that share might have been the greater one,’ said Mr Robey. ‘But the fault on the part of the pedestrian does not mean that I should not find Mr Sheppard guilty of this offence.’
Mr Pollock was left fighting for his life in Southampton General Hospital after Thomas Sheppard’s Honda Civic hit him in St Julian’s Avenue at about 6.30pm on 20 April last year. Mr Sheppard, 23, of Mayfair, 47, Clos des Isles, Les Banques, St Sampson’s, had denied the offence.
Much of yesterday was taken up hearing witnesses for the defence.
They included former Motor Industry Research Association scientific adviser Dr John Searle and K’Han Holden and Theodore Leaworthy, who were passengers in the defendant’s car when the accident happened.
Prosecuting advocate Liam Roffey contended that Mr Sheppard should have seen Mr Pollock when he walked into the road ahead of him just up from the junction with Les Canichers.
Mr Sheppard said he had not seen the pedestrian until it was too late to avoid knocking him down.
Mr Robey said that much of the evidence put before the Magistrate’s Court had not been disputed. He had concerns over the evidence of motorist Carole Keenor, who had been waiting to turn left into St Julian’s Avenue at the yellow line by The Swan Inn when Mr Sheppard had driven past. Her evidence was at odds with that of other witnesses on several points.
He said he would treat the evidence of Vicky La, a pedestrian who was nearby, with some circumspection as well.
But he said the testimony of Alison Castle, who had been following Mr Sheppard’s car up St Julian’s Avenue, had been convincing.
Mrs Castle had said how she was approximately halfway between the pelican crossing at the bottom of St Julian’s Avenue and The Swan when she saw Mr Pollack at the kerbside on the right looking up and down the road. She thought he was going to cross.
‘If Mrs Castle’s view was not obstructed, I can’t see how the defendant’s would have been,’ said Mr Robey.
Mrs Castle said the defendant had not braked before he ran into Mr Pollock.
Mr Robey said the defendant had been driving on a good road with good visibility.
There was no suggestion that he had been speeding and he accepted Mr Sheppard’s claim that he was travelling at the lower end of the 19-29mph estimate agreed by experts.
The incident had resulted from a momentary lapse of concentration by Mr Sheppard but it was not a trivial one.
‘The pedestrian was walking quickly.
‘I don’t know why you didn’t see him and I don’t know why he walked into your path,’ Mr Robey told the defendant.
Mr Sheppard had been driving for seven years. He had an impeccable record.
The only blemishes were minor infractions for seatbelt offences and using a vehicle in a dangerous condition. The last of those was in 2002 and Mr Robey said he would disregard them when sentencing.
He fined Mr Sheppard £400 and banned him from driving for three months.
Ian Pollock is currently recovering from the accident at his home in Edinburgh.
Article posted on 22nd May, 2008 - 2.30pm
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