by Abi Silver
‘Yes, thank you. I will be bringing evidence about the behaviour of autonomous vehicles,’ Judith continued, ‘and about the regime which governs them. The reason I am doing this is because if you have a reasonable doubt that Mr Salisbury’s actions, on 10th October last, caused the accident, then you must acquit him. We are not intending, nor is it appropriate, to put the entire autonomous vehicle industry on trial this week.’
‘I’m delighted to hear that,’ Celia muttered, half behind her hand.
‘But the evidence the defence will bring will illustrate for you that, tragic as this accident was, my client was not to blame.’
***
Martine whispered to Toby. He whispered back. Then he rose quietly and left the court room. As he slipped out of the door, he looked over to his left. Peter was sitting on the back row, hands resting on his ample belly. He gave a shallow nod in Toby’s direction which Toby ignored, but when he was outside the court, Toby leant against the railings to steady himself, before hailing a taxi to take him into work.
56
CHIEF INSPECTOR Dawson was the prosecution’s first witness.
‘Inspector. You are the officer in charge of the investigation into the car crash which killed Georgia and Bertie Layton and in which Mrs Therese Layton was horribly injured?’ Celia began.
‘Yes, that’s right.’
‘How did you first become aware of the crash?’
‘A 999 call was received at 2.43pm, reporting a serious car accident on Common Lane. Two of my officers attended within five minutes. I visited the site about forty-five minutes later.’
‘Just before we get on to you visiting the site, what did your officers find when they arrived?’
‘A blue SEDA car, registration number SAL1 2016, was stationary on the northbound carriageway of Common Lane. A woman, Mrs Therese Layton, was lying on the ground, conscious but in pain, and two young children were also on the ground, not moving. Ambulance arrived at 2.57pm. Two children confirmed dead at 3.20pm by ambulance services.’
‘Thank you. And when you arrived at the scene, where were we in the sequence of events?’
‘I arrived after the ambulance. The two young children had been covered over. We were keen to get forensics down there quickly so that their bodies could be removed, to avoid causing further distress. Mrs Layton was on a stretcher and was being placed in an ambulance.’
‘Was she conscious?’
‘Yes. And Mr Layton was there and was sitting on the pavement, crying.’
‘It must have been a very distressing sight.’
‘Yes. It was.’
‘And the defendant?’
‘He was lying in the road, next to the car, with a medic in attendance.’
‘How was he lying?’
‘He was on his side’
‘Was the defendant conscious?’
‘Yes.’
‘How had he got out of the vehicle?’
‘It happened before I arrived, but one of my officers said he thought he had opened the door himself and climbed out.’
‘Did anyone other than Mrs Layton see the collision?’
‘No one came forward who had actually seen the crash. My officers interviewed people at the scene and took statements, but they were all people who came to help afterwards.’
‘And the road layout was unusual. Can you describe it, please?’
‘Yes. Common Lane is usually a fairly busy main road in a residential area. It’s classed as an A road. There are houses and low-level blocks of flats either side, set back from the road. There is no parking allowed along the stretch where the accident occurred.
‘On the day of the accident, there were roadworks blocking the northbound carriageway, the side on which the SEDA car was driving, so anyone travelling north, like Mr Salisbury, had to move over onto the opposite carriageway to proceed.’
‘What was the nature of the roadworks?’
‘There was a concrete barrier across the left-hand side of the road and some bollards and hoarding. This was to protect drivers from a deep hole which had been dug before the weekend and not yet been filled in.’
‘So any drivers going north had to move to the right-hand side and continue, for how long, before re-joining their own side again?’
‘Between 100 and 150 metres.’
‘And where was the family hit?’
‘There was a pedestrian crossing, just south of the work, and the family were crossing the road when they were struck by Mr Salisbury.’
‘Was it a zebra crossing?’
‘No. It was a “reserve”. That’s one of those unmarked crossings, where you have a dropped pavement either side and a central area, where pedestrians can stand.’
‘Was it lit up?’
‘No, but it was light when the accident occurred.’
‘And where was the family hit?’
‘They were hit on the northbound carriageway. As I said, there were no eyewitnesses of the moment of the collision, but we were able to determine, from statements gathered later, that the family had crossed the southbound carriageway first, waited in the central reserve and then begun to cross the northbound side when they believed it was safe to do so.’
‘When did you first interview the defendant?’
‘I first saw him in hospital on 11th October, one day later, and I asked him if he remembered anything about the accident.’
‘And what did Mr Salisbury say?’
‘He said the last thing he remembered was being at home in the morning. He didn’t remember getting into the car, he had no recollection of the accident.’
‘I see. On any occasions, since then, has Mr Salisbury said anything different?’
‘No. Well, I believe he now remembers getting into his car at the beginning of the journey which led to his accident. But he has continued to maintain that he has no memory of the accident itself.’
‘Is that usual?’
‘I think you’d have to ask his doctor that.’
‘I’m interested in your experience as a long-serving police officer. Do you often have criminals giving that response to your questions?’
‘Your honour. Ms Mansome must appreciate that is not an acceptable question to put, and of no relevance either.’ Judith half raised herself from her seat.
‘Your honour I won’t persist with that line of questioning,’ Celia conceded, satisfied she had made her point.
‘You also interviewed Mrs Layton the day after the accident?’
‘Yes. At the hospital.’
‘What did she tell you about the accident?’
‘She said that Mr Salisbury had been driving too fast and he had been looking at his phone shortly before the crash.’
‘Thank you. This is important so I want to make sure I have it right. Mrs Layton told you, the day after the crash, that Mr Salisbury had been driving too fast?’
‘Yes.’
‘And he had been looking at his phone?’
‘Yes, and I made a note of both those things. She was very clear that she had seen him looking at his phone.’
‘Thank you. I have no further questions for this witness.’
***
‘Hello Inspector Dawson. I have a few short questions for you.’ Judith stood up to begin her cross-examination.
‘When you arrived at the scene, the two older children had been attended to, first, by passers-by and then ambulance staff, Mrs Layton and Mr Salisbury were receiving attention, but Mr Salisbury was still lying in the road. Is that correct?’
‘Yes.’
‘What was the atmosphere like?’
‘Pretty awful. It was obvious the two children were dead. Lots of people were crying.’
‘And what about my client?’
‘What do you mean?’
‘Was any animosity being directed towards Mr Salisbury?’
‘People were saying things, yes.’
‘What kind of things?’
‘They were calling him names, saying he should have been more careful.’
‘But no one had witnessed the accident itself?’
‘No. Or at least no one came forward. They had all gathered afterwards.’
‘If Mr Salisbury had no serious injuries, then why had no steps been taken to get him into an ambulance, for his own protection if nothing more?’
‘The ambulance staff had to prioritise. Mrs Layton appeared much more seriously injured.’
‘Is it not correct that your officers told the ambulance services to treat the family and ignore my client?’
‘Not to my knowledge. I wouldn’t have allowed that.’
‘But the ambulance log shows Mr Salisbury was not taken to hospital until almost 3.25, half an hour after their arrival.’
‘If you say so.’
‘Ms Burton. Just remember who is on trial today,’ Judge Wilson spoke out of the corner of his mouth.
‘Yes of course your honour,’ Judith continued. ‘So when you arrived and saw my client lying in the road, what did you do?’
‘I asked the medic how badly hurt Mr Salisbury was and he said he thought it was not serious, but he appeared to have hit his head. He had cuts on his face. He was lifted on to a stretcher, with a collar around his neck for protection, just in case, and also taken to hospital.’
‘Did you, personally, look inside the car or around the car, when you arrived?’
‘Not immediately. I was too busy trying to ensure the injured people were treated and the crowd kept away so we could secure the scene, including the vehicle. But, after the injured people had gone, I did.’
‘What did you find in the car?’
‘Just some of Mr Salisbury’s personal items; jacket, briefcase, phone, tablet, some papers.’
‘No alcohol, pills or other nefarious substances?’
‘No.’
‘Now you described the roadworks to my learned friend earlier. It isn’t ideal, is it, to close one lane on this busy thoroughfare?’
‘No. But it’s necessary if roadworks have to be completed.’
‘What was the work which was being undertaken, do you know?’
‘Yes. It was installation of high-speed cables for faster broadband.’
‘And these couldn’t be installed under the pavement?’
‘The decision was made to go under the road in this small area because of the positioning of other services under the pavement.’
‘But the original permission for the works stopped far short of the crossing, didn’t it?’
‘Yes. Originally the hole was to be positioned further north.’
‘So were the contractors in breach of their permission when they continued right up to the crossing?’
‘I don’t know.’
‘I’ll put it another way. Do you think that continuing the digging, up to the crossing, so that the approaching traffic had to swerve at an acute angle, into the opposite lane, created a dangerous road hazard?’
‘It wasn’t ideal but there were signs up to warn people. And you have to credit people with common sense too.’
‘What do you mean?’
Dawson gulped. He had been trying to sound magnanimous, to make a general statement about not always holding the public’s hand, not wrapping them up in cotton wool, but he could see immediately why Judith had picked him up on it. God, he hated being cross-examined.
‘Just what I said,’ he replied.
‘Well that was what confused me. When you said “you have to credit people with common sense too,” were you perhaps referring to Mrs Layton?’
Dawson gripped the sides of the witness box.
‘Not specifically. I meant any road user.’
‘But we were talking about whether these roadworks constituted a dangerous road hazard, you see. You mentioned road signs and went on to say that “you have to credit people with common sense”. Did you mean that pedestrians, like Mrs Layton, should have appreciated that this was a dangerous place to cross and, perhaps, have walked 150 metres south of this hazard and used the zebra crossing instead?’
‘How dare you?’ The shout had come from Judith’s right. Neil was on his feet, his finger wagging in her direction, his eyes blazing. ‘How dare you suggest my wife was at fault?’ Therese, next to him, remained silent and still. Dawson looked from Neil to Judith and back again. Slowly, reluctantly, Neil lowered himself into his seat, the steam of his anger lingering one step behind.
Judge Wilson moistened his lips. He was gauging whether it was appropriate to say anything in this situation. Clearly one had to have order in the court room, but he could see how Ms Burton’s question might have been unduly provocative for someone in Mr Layton’s unfortunate position. Things appeared to be quiet now, though. He gestured at Dawson to continue.
‘Mrs Layton was entitled to assume that vehicles would drive safely on that stretch of road, as on any road in Britain.’
‘But…?’
‘I don’t know what you’re asking me?’
‘I felt sure there was a “but” coming next, Inspector?’
‘All right. But I accept that a pedestrian, choosing to cross at that spot, would need to be more vigilant than usual, because of the contraflow.’
‘So, perhaps a more cautious pedestrian would have chosen to cross elsewhere?’
‘Yes. I accept that.’
Judith allowed herself a shallow peek to her right, but Neil Layton remained seated this time, albeit his eyes smouldered with outrage.
‘You told Ms Mansome that the roadworks began some days earlier?’
‘Yes. The previous Thursday. There had been complaints and hold-ups, and a lot of traffic had now found alternative routes.’
‘How was traffic flow at the site managed during this work?’ Judith moved onto safer ground.
‘There was a traffic light controlling the contraflow and there were warning signs 150 metres before the works.’
‘Did you see those signs and traffic lights yourself?’
‘I didn’t notice the signs when I arrived at the scene, but I came from the north – so, the opposite way to the defendant.’
‘And?’
‘One gentleman came forward, while I was on site and he said that the traffic lights from the northbound carriageway had been out of action when he came through earlier. He said he had called the council to complain as soon as he got home.’
‘Did you check this out?’
‘I walked down the road, the way Mr Salisbury had approached and found the traffic light was operational.’
‘What time would this have been?’
‘I noted it down as 3.55pm.’
‘Is there any way you can verify what the man said about the lights being out of action earlier in the day?’
‘I’m not sure.’
‘But you didn’t try?’
‘No.’
‘Did you take a statement from this gentleman?’
‘Not a formal statement. But I made a note in my notebook.’
‘Which is why you feel able to tell us about this today?’
‘Yes.’
‘Did you record his name?’
‘No.’
Judith stared at Dawson as he shifted in the witness box. Then she looked across at Celia. Finally she turned to glare at Sarah, the prosecution solicitor.
‘Don’t you think that was important, relevant information that you failed to follow up?’
‘Often when people are involved in road accidents at traffic lights, they claim the lights have malfunctioned. In my experience, they are making it up.’
‘O
h I’m sorry, did I hear you incorrectly inspector? Was it Mr Salisbury who suggested the light was out of action?’
‘No. It was an old gentleman, a member of the public, like I said.’
‘Who wasn’t accused of any crime. He had no reason to lie or embellish. He gave you a material piece of evidence and you failed to follow it up?’
‘I didn’t consider it material at the time. I examined the lights myself and they appeared to be in working order.’
‘I see. When did you charge Mr Salisbury with dangerous driving and causing harm to Mrs Layton?’
‘Once I had the forensic report from Mr Abrams, the expert.’
‘And which part of the report did you rely on, just in general terms? Again, the court will be taken to the report later on.’
‘The part which confirmed that Mr Salisbury was in control of the car before the collision and that he was travelling at 36mph as he approached the contraflow. That was clearly too fast.’
‘Do you find the report straightforward in its conclusions?’
‘Yes.’
‘So you were sufficiently convinced, by what you read in that report, that you then charged Mr Salisbury with causing death by dangerous driving?’
‘I was, yes.’
‘Before then, you weren’t so sure?’
‘Well these cars are new. I didn’t know whether something had gone wrong, with the car.’
‘I understand. Did you know that, since 2014, nine hundred autonomous vehicles have been driving on Britain’s roads?’
‘No. I didn’t know that.’
‘Some of those are SEDAs but we have Teslas, cars made by Google, by many different manufacturers.
‘If you say so.’
‘There was a large-scale trial of these vehicles in Greenwich during 2016, including some with no humans at all at the wheel. Were you aware of that?’
‘I read it in the newspapers.’
‘How far is Greenwich from your patch?’
‘Five, six miles.’
‘So you, and your officers, have been given no guidance on how to respond to incidents involving these vehicles on our roads, even though they have been operating freely five or six miles away for the last two years?’
‘No.’
‘Well I find that quite staggering…’
