by Abi Silver
‘Does it want the ability to have certainty about journey times because traffic jams and accidents are eradicated? Does it want to cut carbon emissions dramatically and halt global warming because these vehicles are electric and because, if they can be pooled, thereby also enhancing community spirit, we will need far fewer of them on the roads? If so, then all of those enormous benefits, towards which we, supported by the Department of Transport, have been working ceaselessly for fifteen years or so, are only available if we allow the vehicles full autonomy.
‘If, instead, the public insists on a post mortem after every collision which will trace the cause back to a particular manufacturer or component or even back to a live human being, the programmer, the code writer, then the vehicles will be less effective and there will be more accidents and more people will die.’
‘Mr Salisbury. Is what you are saying, about sacrificing transparency for performance, is this common knowledge?’ Judge Wilson was peering myopically at James and his expression was grave.
‘Your honour. It is something which is being discussed at the moment within government at the highest level so that the right decisions can be made. And it’s certainly well known within the AI community.’
The Judge frowned, made a note and waved at Judith to continue.
‘Thank you, Mr Salisbury. I have no further questions.’
68
CELIA TUCKED her hair behind her ear and stared at James for a full ten seconds before she spoke.
‘Your honour, I have a few short questions only, as the known facts speak for themselves, unless the witness has suddenly recovered his memory. Let’s see, shall we? Mr Salisbury, is it still the case that you do not remember the crash which killed Georgia and Bertie Layton and injured Therese Layton?’
‘That’s right.’
‘What is the last thing you remember, before the collision?’
‘I remember getting into my car. That’s all.’
‘So you can’t deny Mrs Layton’s evidence that you had your phone in your hand, shortly before impact or Mr Abrams’ evidence that you were travelling throughout at 36mph, that you pumped the brake with your foot and gripped the steering wheel?’
‘I can’t deny it, but I can say that I have always driven in autonomous mode on every other occasion, which includes necessarily complying with all speed limits. That’s all.’
‘Thank you, Mr Salisbury. As I thought, then…’ Celia allowed herself a shallow smirk. ‘We just heard some useful testimony from you about how you had made your cars stronger than before, indeed stronger than similar conventional vehicles.’
‘Yes.’
‘So you were aware at all times and, specifically, on 10th October, that the force of your car colliding with a pedestrian at 36mph was equivalent, in conventional terms, to a collision at 41mph?’
‘Well, it wasn’t in the forefront of my mind all the time, and I don’t remember that journey, as I’ve said. Here, today, when the judge asked me the question, I knew the figures.’
‘But you knew those figures today and you knew them on 10th October?’
‘Yes.’
‘And why do we have speed limits on our roads, do you think?’
‘To protect all road users from the consequences of excessive speed.’
‘Thank you. So why on earth, knowing what you do about your vehicles, did you not drive more slowly?’
‘I don’t know.’
‘You didn’t actively think, my car is stronger, I must drive a bit slower in order to protect pedestrians?’
‘No.’
‘Or I should tell my other test drivers to modify their speed accordingly?’
‘No.’
‘Why on earth not?’
‘I don’t know.’
‘That would have been the prudent thing to do, wouldn’t it? Is it correct that you have regular meetings with the government and other manufacturers?’
‘Yes, with the Department for Transport.’
‘Why did you never mention in one of those meetings your concerns about your “super-charged” cars?’
James winced. ‘We generally focused on other matters which appeared higher priority,’ he said.
Celia’s eyes were wide and she threw her head back.
‘The fact that modifications you had made to your cars transformed them into child-killers at 36 miles per hour was not high priority?’ she said.
‘Your honour. Ms Mansome’s question is unfair as it is conflating a number of matters and includes a huge dose of hindsight,’ Judith objected.
‘Mr Salisbury is on trial for driving dangerously, which necessarily includes consideration of his speed,’ Celia replied. ‘The fact that he drove this modified vehicle means that, in effect, and by his own admission, he was over the speed limit. And he knew he was potentially breaking the law every time he got into his car. Hardly the behaviour of a prudent, careful driver.’
‘Your honour. My learned friend is blaming my client for following a direction of the Department for Transport itself, the very body which, together with local councils, sets those speed limits in the first place.’
‘Your client is to blame because he ignored clear warning signs on the road, was travelling much too fast and drove his car straight into helpless pedestrians!’ Celia was shouting to be heard above the significant level of noise which had risen in the court room since Judith’s intervention. Judge Wilson banged his hand down and stared hard at both women.
‘This combative approach is unhelpful to the administration of justice,’ he said, with one eye on two journalists, who were edging their way out of the court. ‘Ms Mansome, move on please.’
For the next hour, Celia re-hashed a number of arguments raised by previous witnesses and tried to get James to accept he had definitely moved into manual mode and that any consideration of how his car would behave as an autonomous vehicle was irrelevant. He remained steadfast. Eventually, and after checking with Sarah, her solicitor, she conceded she would make no further progress and sat down.
***
‘Well done James. You were brilliant, wasn’t he Judith?’
Constance had returned from her secret mission and was keen to share her news with Judith. She found her with James, in the usual holding cell. On this occasion he was picking at a cheese sandwich Judith had brought him.
‘Yes, very impressive.’ Judith pondered how Constance could possibly comment on James’ performance, given that she had been absent throughout, but as he was clearly buoyed up by the praise, she decided not to mention that in his company.
‘Thank you, both,’ he said, in between mouthfuls. ‘I’m pleased it’s all over.’
‘The journalists were all busy taking down your comments about transparency and ethical dilemmas. They love that sort of thing, sells lots of papers,’ Constance continued. ‘I was at the back of the court for the last bit of your evidence, and outside, and I could hear what they were saying. It’ll be headlines tonight.’
‘Yes, I was lucky to get all that in,’ Judith said. ‘The transparency stuff is fascinating and I imagine the broadsheets will love it. The trolley problem will more likely major in the tabloids, although I’m hoping you are going to reveal to me now why I needed to go to so much trouble to mention it.’
‘I don’t understand why Celia didn’t object more to any of that,’ Constance said.
‘She tried but she’d used up a lot of goodwill with the judge on the earlier stuff, bouncing up and down, trying to stop James talking about the reinforced cars. I knew she would.’
‘How did you know that?’
‘Oh, I might have suggested to her that it would be in the interests of justice and, to a lesser degree her own personal interest, to allow James to talk about them. I knew then that she would object as much as she possibly could, just to spite me.’
> ‘Wasn’t that a bit risky?’
‘Not really. I spent my formative years with her. People never change, you know. And I decided that even her objecting would help wake the jury up and get the judge’s ear. It was a win-win situation. To be fair, she had very little opportunity to assess whether it was going to help or hinder the prosecution and she had a jolly good go at spinning it the other way around, when she got hold of James.’
‘So was it good for me in the end, all the “armoured car” stuff?’
‘It was good for you,’ Judith said. ‘It shifts the blame onto the Transport guys, for ordering you to make the cars stronger without telling the public or changing speed limits. That will be up there in the media too and I predict some heads may roll. OK, Celia tried to spin it that you should have driven slower because your car was stronger, but I don’t think anyone will buy that, especially when, earlier, she had gone to great pains to point out that some people have little, lightweight cars and others great big MPVs. They’re all subject to the same speed limit. I’ll bring that out in closing. So now, Connie, spill the beans. Why the trolley problem?’
‘Yes.’ Constance grinned broadly. ‘It’s about the CCTV, and I think it changes everything.’
69
‘YOUR HONOUR. I should like to mention a recent but important occurrence, if I may, which necessitates me asking if I can interpose a new witness,’ Judith said, after a hurried ten minutes briefing from Constance. ‘This matter has only just come to light and I have not yet had an opportunity to discuss it with my learned friend.’
‘Go on.’
‘CCTV from the scene of the accident was reviewed by the police some time ago, but discounted as irrelevant. The defence has now had access to this and has concluded differently. From this CCTV footage, the police have traced an eye witness. He is a Mr Bukowski and I should like to call him as my next witness.’
Mr Bukowski, a forty-something, broad-shouldered gentleman with at least an 18-inch collar, had the air of someone eager to please, as he bowed and smiled in every direction on his journey across the floor of the court. Martine stared at James, who acknowledged her blankly and then focused on a spot on the floor halfway across the court room. Constance crossed her fingers as Judith began her questioning.
‘Mr Bukowski. Were you in your car travelling on Common Lane on the 10th October last year?’
‘Yes, I was.’
‘Where had you been before you got into your car?’
‘I was working on building a house, just along the road from there. We finished early and we were called to go to another site.’
‘When you say we, who else was in the car?’
‘I was taking four men with me in the car.’
‘And what happened?’
‘There was a car crash, just in front of me.’
‘Can you describe things in a little more detail?’
‘There was a traffic light and some roadworks. I had been through there a few times. It was my way to work. The digging was on my right, where I had to stop.’
‘You were coming south down the road, the opposite direction to Mr Salisbury.’
‘Yes. On that day, as I drove forward, I saw a blue car, with all kinds of stuff on its roof, just for a second, then it was gone to the side.’ Mr Bukowski frowned hard at the judge. When he received no feedback, he continued. ‘I slowed down and drove on slowly,’ he said. ‘Then I saw the blue car had a crash.’
‘When you say you saw the car, then it was “gone to the side”, what do you mean?’
‘I saw it and then it moved away so sudden, I couldn’t see it any more.’ Mr Bukowski held his hand out in front of him and then quickly threw it out to his right.
‘So, the blue car was directly in front of you, coming towards you on your side of the road for a short period of time. Is that correct?’
‘Yes.’
‘Then it moved quickly away to your right and you were not able to see it any more, until you came level with the scene of the crash?’
‘Yes.’
‘And what colour was the traffic light when you travelled through it?’
‘Green. What do you think of me? It was a green light.’
‘Good, thank you. I am going to show the CCTV from the street now. What kind of car is yours?’
‘It’s a red polo.’
‘Thank you. Your honour, this is the street CCTV.’
The film had been taken from a camera facing north. The central reserve, where the Layton family had waited, was just at the very bottom of its field of vision and they were not visible. Presumably, that was why the police had discounted the film as unhelpful.
Mr Bukowski’s red Polo could, however, be seen clearly, moving at a constant speed towards the camera. Then, as it approached the central reserve, the tip of the bonnet of the SEDA appeared at the bottom left of the screen, but then quickly shifted out of the frame and disappeared.
‘Your honour. This is very significant,’ Judith announced sombrely.
Judge Wilson frowned. He had been watching carefully, but he was not certain yet of the importance of this film, especially as so little of James’ car had been visible.
‘How so?’
‘Mr Bukowski had drawn almost level with the crossing when the accident occurred.’
‘Yes, I saw that.’
‘Mr Bukowski is testifying that he went through a green light.’
‘Yes.’
‘Mr Salisbury also passed through a green light.’
‘Perhaps Mr Salisbury jumped the light?’
‘Oh no, your honour, if you remember we have the camera from the chassis of his car, I can play it again for you if you wish. It clearly showed the SEDA passing a green light, at the same time as Mr Bukowski had a green light on his side of the road.’
‘You are saying that the traffic lights malfunctioned?’
‘Yes, your honour, just as the old man referred to by Inspector Dawson two days ago, reported. Your honour we, and no doubt you, have been struggling with why the SEDA car, shifted, albeit very late, over towards the right-hand side of the road, but then, most crucially, suddenly veered back towards the family.’
‘Yes.’
‘We have the answer now. The SEDA or my client – actually I think it is immaterial which – saw or detected the oncoming vehicle driven by Mr Bukowski and moved quickly to avoid it.’
‘I see. Just give me a moment to make a note…yes thank you. Continue.’
‘Your honour, the point here is that Mr Salisbury would have navigated the contraflow safely, had it not been for the fact that the traffic lights malfunctioned. At the last moment, he was forced back onto the northbound carriageway, otherwise he would have had a head-on collision with a car containing five working men, and any cars following might also have been involved. Sadly, lulled into a false sense of security, the Layton family had already begun to cross the northbound carriageway. Clearly, all the evidence now shows that, far from driving dangerously, Mr Salisbury did everything he could to avoid loss of life, in a difficult situation. I have no further questions.’
Celia was chewing on the end of her pen as Judith sat down. She whispered hurriedly to her solicitor and asked for a ten-minute recess, to allow her time to view the CCTV. Returning after the break, she launched straight into her questions.
‘Mr Bukowski, what did you do when you saw the accident?’
‘I slowed down and I stopped.’
‘We can’t see that on the CCTV?’
‘No. It must be further down the road.’
‘Did you get out of your car?’
Mr Bukowski was slow to reply.
‘Hm, yes.’
‘Did you go back to the scene?’
‘No.’
‘I see. Why not?’
Judith stoo
d up to challenge the question. ‘Your honour, this is wholly irrelevant.’
‘Not entirely,’ Judge Wilson replied. ‘You have introduced this witness late and without notice and Ms Mansome is entitled to test his credibility. I will allow the question, but there will be a limit, Ms Mansome.’
‘Understood your honour. Mr Bukowski, why did you not run back to the scene?’
‘I looked back and there were other people already running. And someone was already calling on their phone.’
‘Who were they calling?’
‘I thought it must be an ambulance. That’s what you do, isn’t it, when you see an accident?’
‘But you didn’t check for yourself?’
‘No.’
‘Was there any other reason why you didn’t go back to the scene?’
‘No. Well, I didn’t want to be late for my next job. It would make us all late. And other people were helping.’
‘Did you go to the police then, afterwards, that evening or the next day, to tell them what you saw?’
‘No.’
‘Why not?’
‘I just didn’t.’
‘Was it because you were worried about anything?’
Judith’s insides twisted furiously but, to the world she maintained her cool exterior. This was what happened when you worked on the hoof and had a clever opponent.
‘No,’ Mr Bukowski said, but his enormous frame seemed suddenly dwarfed by the lectern.
‘I see. Just returning to the CCTV again, and contrary to what Ms Burton suggested might have happened, there don’t appear to be any cars following you through the light. Is that correct?’
‘I don’t remember.’
