Appeal Court Overturns Police Crash Death Ruling

- 26 June 2009;Your Canterbury

The father of Rachel Cheesewright, who was killed in a collision with a police car in 2005, says he will take the case to the House of Lords after a Court of Appeal ruled his daughter was partly responsible for the crash.

Miss Cheesewright was killed when her Ford Fiesta was hit by patrol car driven by PC William Purse travelling at more than 90mph.

Last year judge Jonathon Simpkiss ruled at Canterbury County Court that the police had been 100 per cent responsible for the death of the 29-year-old mother.

But now the panel of three judges at the High Court in London has overturned the decision saying that Miss Cheesewright was 60 per cent to blame for the accident.

Rachel’s father Tony Cheesewright said: “This was a death that should not and did not need to happen. My daughter would be alive today had the police driver PC Purse acted responsibly.

“Instead PC Purse chose to give the new police recruit in the passenger seat of his vehicle a macho thrill ride, driving at a reckless speed straddling the centre line and forcing an oncoming independent witness to take evasive action by driving her car into a ditch before he ploughed into Rachel’s vehicle and cut it in half.”

On the night of the accident – October 22 – Miss Cheesewright had just left the Bonny Cravat in Woodchurch where she worked as a barmaid.

As she turned onto the A28 her Ford Fiesta was hit by the police patrol car, splitting it in two and killing her instantly.

Peter Cutler from Harman and Harman Solicitors representing the family said: “The judges said that Rachel’s failure to look right a second time was a contributory factor to her death. For that minor omission they have attributed 60 per cent responsibility to Rachel.”

The judges argued that if Miss Cheeswright had looked again she would never have pulled out in front of the police car, despite the fact that it was emerging from a bend just before the junction.

However, the judges did acknowledge that the police car was going too fast and that speed had been a factor that contributed to her death.

In the draft judgement they wrote: “I would hold that PC Purse’s negligence driving at the speed found by the judge, without his siren sounding, was a contributory cause of the accident. Excessive speed can and did have immediate consequences. ”

The family feel that they have still won a victory because the police driver was considered partly to blame for the crash.

Mr Cutler said: “The 40 per cent apportion of blame on the police is significant and will mean Rachel’s daughter Charlotte will get some compensation.”

The family now say they are considering taking the case to the House of Lords.

Assistant Chief Constable Allyn Thomas from Kent Police said: “In September 2008 a judgment was awarded against the force following a civil claim made by the Executor of a young woman who died after her car was in collision with a police vehicle.

“Miss Cheesewright died after a Kent Police vehicle, responding to an emergency call, was in collision with her car at the A28 Ashford Road junction with Bissenden Green Lane, Bethersden.

“An inquest jury returned an accidental death verdict in January 2008, describing the collision as a 'tragic accident'.

“Kent Police's thoughts continue to be with Miss Cheesewright's family and everyone who was involved, including the police officers who were answering an emergency call when the collision occurred.”