Police Win 999 Fatal Crash Appeal

- 26 June 2009;BBC.co.uk

Three appeal judges have ruled that a young mother who was killed when her car collided with a police car on a 999 call was 60% to blame for the accident.

The Court of Appeal decided Rachel Cheesewright failed to keep a lookout to her right as she turned on to the A28 near Ashford in October 2005.

Kent Police's liability was reduced to 40% in the civil negligence action bought by Miss Cheesewright's family.

The force had appealed against an earlier ruling it was 100% to blame.

Barmaid Miss Cheesewright, from Ashford, died as she returned home from work at the Bonny Cravat pub in Woodchurch.

Pc William Purse, and another police officer who was a passenger, was travelling along the A28 towards Bethersden at 93mph in response to a 999 call seconds before the crash.

Damages due

The Court of Appeal said on Friday the "clearly excessive" speed of the police car, without its siren sounding, was a contributory cause of the accident.

But it said Pc Purse was entitled to assume that Miss Cheesewright would not emerge from the lane without keeping a proper lookout to the right.

Pc Purse had seen that her Ford Fiesta was stationary as he approached the junction.

Damages due to Miss Cheesewright's estate have yet to be assessed or agreed.

Solicitor Peter Cutler said Rachel Cheesewright's family were extremely upset She was engaged to be married at the time of the accident and her daughter, Charlotte, was eight.

The Independent Police Complaints Commission (IPCC) carried out an initial investigation but decided no further action should be taken.

It then managed an investigation carried out by Kent Police.

The Crown Prosecution Service (CPS) decided to take no action against Pc Purse and an inquest jury in January returned a verdict of accidental death.

But Miss Cheesewright's family launched a civil action against the force, heard at Canterbury Crown Court over two days in July last year.

Following the Court of Appeal ruling, Assist Chief Con Allyn Thomas said: "Kent Police's thoughts continue to be with Ms Cheesewright's family and everyone who was involved, including the police officers who were answering an emergency call."