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WALES: Death crash driver cleared.

A MOLD man was yesterday cleared of careless driving following a tragic accident in which a pensioner died.

John Edward Winder, 64, said he did not see 83-year-old Ada Quayle.

Flintshire magistrates at Mold found Winder not guilty.

His solicitor, Phillip Lloyd Jones, suggested the pensioner must have stepped out into the road directly in front of his client, giving him no chance to avoid a collision.

The prosecution claimed Winder, of Milford Street, Mold, should have seen the pensioner.

Magistrates heard evidence from two civilian witnesses, two police officers, an expert witness and the defendant.

They said that it was up to the prosecution to prove to them beyond reasonable doubt the standard of his driving fell below that of a reasonable and prudent driver.

"Based on the evidence we have heard we cannot conclude that Mr Winder was at fault.

"We therefore find that the prosecution have not established beyond reasonable doubt that he was guilty of driving without due care and attention," the magistrates said.

Prosecutor John Wylde told the court the accident happened just before 2pm on November 18 last year as the defendant drove a blue Ford Escort in King Street towards Mold town centre.

Mrs Quayle was thrown on to the car, broke the windscreen, and landed on the ground.

She sustained with fractures to her pelvis and skull and later died in hospital of her injuries.

In evidence, Winder said he did not see the lady at all. He heard a bang and the windscreen broke.

He said he was driving at 25 mph, was slowing down to turn right into Love Lane with the police station on his left, and he was concentrating on the right side of the road because it was a difficult turn.

Winder denied he had not been concentrating on what was happening in front of him at the time.

He did not believe he had been responsible for the accident.
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Publication:Daily Post (Liverpool, England)
Date:Aug 5, 2006
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