Successful defence in death by dangerous driving case where prosecution relied on biomechanical expert evidence

Published: 7th March 2023

Gerard Hillman was successful in defending his client facing death by dangerous driving allegation.  Gerard’s client’s case was that the deceased was the driver of the vehicle.  The prosecution’s case relied on biomechanical expert evidence that sought to identify the driver from the forces involved in the collision and the positions the occupants of the vehicle were found following the accident.  Following Gerard’s cross-examination of the first prosecution witness who attended the scene of the accident, the prosecution were forced to concede that the conclusions of their biomechanical expert were inconsistent and accordingly offered no evidence on their case that Gerard’s client caused the victim’s death by dangerous driving before the prosecution had called their expert to give evidence.  Gerard’s client accepted other driving offences earlier on the same day.  Gerard was instructed by Gavin Rofer of Keppe Rofer Solicitors.

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