A woman who shouted and waved aggressively at a cyclist on the pavement, causing her to fall into the path of a car, has had her conviction for manslaughter overturned and walked free from court.
CCTV showed Auriol Grey shout “get off the f****** pavement” as Celia Ward approached her in Huntingdon, Cambridgeshire, in October 2020.
The 77-year-old then veered off the 2.4 metre-wide path into the road.
Celia Ward (right). Pic: PA
Mrs Ward, a grandmother, died after she was struck by a car.
Grey, who has cerebral palsy and was described by her lawyer as “partially blind”, was given a three-year jail sentence in March 2023 after being convicted of manslaughter.
But the Court of Appeal ruled today that the manslaughter conviction should be overturned and she walked free from court.
CCTV showed Grey walking along the pavement shortly before the incident. Pic: PA
Dame Victoria Sharp, sitting with Mrs Justice Yip and Mrs Justice Farbey, said: “In our judgment, the prosecution case was insufficient event to be left to the jury.”
She added: “In all the circumstances, we have no hesitation in concluding that the appellant’s conviction for manslaughter is unsafe.”
It was decided earlier this year, in March, that Grey could appeal her sentence.
Auriol Grey. Pic: PA
At the time, it was argued that Grey’s sentence had been “excessive” and that an autism diagnosis secured after the trial may have made a difference in the case.
The court had heard that Grey had been charged with unlawful act manslaughter – which requires an unlawful action to take place that caused death.
However, her lawyers argued to appeal judges that no such “base offence” was ever identified during the trial.
Adrian Darbishire KC, for Ms Grey, said: “The trial seems to have proceeded on the basis that some kind of unlawfulness, undefined and unspecified, was sufficient to found this offence of homicide.”
Dame Victoria and her fellow appeal judges agreed, ruling that the jury were not asked to decide “the fundamental question of whether a base offence was established”.
The senior judge continued: “The appellant’s actions that day contributed to Mrs Ward’s untimely death … Had Mrs Ward not died we regard it as inconceivable that the appellant would have been charged with assault.”
Grey’s actions were described as “hostile gesticulation” during the trial.
But this, Mr Darbishire said in the appeal was “not a crime, otherwise we would have 50,000 football fans each weekend being apprehended.”
The Crown Prosecution Service (CPS) had responded to the appeal, with its barrister Simon Spence KC telling the court it was accepted that “common assault as the base offence was not identified by name”.
After the judges had given their ruling, Mr Spence asked for Grey’s case to be sent back to the crown court for a retrial, which was denied.
William Turner is a seasoned U.K. correspondent with a deep understanding of domestic affairs. With a passion for British politics and culture, he provides insightful analysis and comprehensive coverage of events within the United Kingdom.
