Crash victim's mother wins right of challenge

THE MOTHER of a motorcyclist hit by a van driven through red traffic lights yesterday won the right to challenge a coroner's decision not to call a jury at the inquest into his death.

The Court of Appeal's ruling marked the latest round in a long- running legal battle waged by Brigitte Chaudhry, 52, over the death of her son Mansoor, 26.

Mrs Chaudhry argues that such road deaths are preventable and says that relatives of innocent victims are outraged by what they see as the law's 'casual' attitude to road-safety violations.

Earlier this year, in protest at the pounds 250 fine imposed on the van driver for careless driving, Mrs Chaudhry won another court victory when a High Court judge granted her leave to challenge the magistrate's decision.

She is seeking to bring a private prosecution against the driver, Nicholas Sansom, alleging the more serious offence of causing death by reckless driving.

She and other bereaved families have formed RoadPeace to campaign for a change in the law governing road deaths. They believe the Road Traffic Offences Act should be amended so that whenever someone dies as a result of an incident, charges must acknowledge the death.

Every year more than 5,000 people are killed on the road - but only about 8 per cent of cases result in the most serious charge of causing death by reckless driving. RoadPeace cites these incidents as examples:

Tony Cotton was 17 when he was killed. A car moved into the path of his motorcycle, causing him to crash. The motorist was fined pounds 100 for careless driving.

Susie Smith was 14 when she was struck as she attempted to cross a road. The driver was fined pounds 250 and had his licence endorsed with five penalty points.

Paul Green was 23 when he was crushed to death on a motorway after a tow truck stopped suddenly and Paul's vehicle was shunted into it from behind. The tow truck was later found to be defective. The driver was fined pounds 200 and given two penalty points.

The parents of those victims say the penalties were 'derisory'. Sandra Green said that when her son's case came to court, his death was not even mentioned. 'Life on the road seems pretty cheap in this country. How can the public have confidence in justice in cases such as these?' she said.

Public sympathy for their arguments was evident last May when a jury cleared Stephen Owen after hearing that he had shot a lorry driver who killed his son in a hit-and-run accident.

Yesterday, Mrs Chaudhry, of Willesden, north-west London, told the appeal court her son's death occurred in circumstances 'prejudicial to public health or safety' and that, in law, a jury should therefore have been called. She said a jury verdict would be more likely to force the authorities to take action and bring home to drivers that crossing a red light was a serious threat to life.

Lord Justice Farquharson, sitting with Lords Justice Nourse and Evans, ruled she had an arguable case that the accident occurred in 'circumstances which would cause mischief to the public'.

No date has been set for the full hearing of Mrs Chaudhry's challenges to the decisions of the magistrate and the coroner.