Road layout where toddler was killed criticised in trial

Thursday 15 June 2017

The road layout where three-year-old Clinton Pringle was killed has been criticised as unclear and inadequate by a forensic collision investigator during the trial of the 39-year-old woman accused of causing his death.

Rebekah Le Gal is pleading not guilty in Jersey's Royal Court to causing death by dangerous driving.

During the third day of trial, DC Robert Manners, a forensic collision investigator, was called in by the Prosecution to comment on a report he wrote on the accident that led to Clinton's death.

DC Manners explained that he had been unable to explain why Mrs Le Gal didn't see Clinton cross the road. He stated that the design of the VW Transporter, Mrs Le Gal's sitting position or sun glare could not have been contributory factors. He said: "I don't know why she didn't see Clinton on the road. I looked at the possibilities but couldn't come up with an explanation on why she didn't see him."

The forensic investigator also wrote that the nature of the area where the accident happened was "unclear to road users" and that it was "not adequate enough to significantly mitigate the risk to pedestrians." The defence Advocate, Matthew Jowitt, made the same remarks, quoting an expert report that said the 'Give way' sign was not obvious to drivers and could easily be missed.

Advocate Jowitt noted that shade could have affected Mrs Le Gal's field of view while she was driving. He said: "The contrast between the bright sunshine and the area of shade might have caused challenge to the eye." DC Manners agreed but said that there was plenty of contrast as the children were fair-skinned and had light coloured hair and were moving. 

Using timings on the CCTV footage from Britannia Place, Advocate Jowitt tried to determine where Mrs Le Gal would have been on the road when she texted her son. He said: "The Crown's basis is factually wrong. Based on the time of the CCTV, the text would have been sent 17 seconds before Clinton crossed the road. 17 seconds is an awfully long time for someone to be distracted by pressing send on an iPhone."

The prosecution, led by HM Solicitor General Mark Temple, also called Dr Alex Stedmon, an academic and psychologist to the stand. Dr Stedmon explained the effects of texting while driving saying that it "significantly impairs a driver's attention."

He added: "While Mrs Le Gal would have been focused on the act of reading and typing, she would not have been aware of the changes happening outside of her vehicle. Clinton's mom and aunt tried to get her attention, shouting, waving their arms and hitting the side of the vehicle. They should have been identified as hazards because of the proximity. The lack of awareness is extreme, as for some reason she was unable to focus her attention on the road."

Proceedings will resume this morning with Dr Stedmon's cross examination. Mrs Le Gal should then be called to give evidence in her own defence.