Annalise death trial goes ahead

Reporter: Don Frame
Date published: 11 December 2014


A VAN driver charged with causing the death of an Oldham schoolgirl on a zebra crossing in Shaw at Christmas last year, has lost his bid to get legal proceedings dropped.

Peter Scott (57), who has pleaded not guilty to causing death by careless driving, will now go on trial at Manchester’s Minshull Street Crown Court in June next year.

Scott, of Frances Street, Derker, had been at the wheel of his Mercedes Vito when he hit and killed 12-year-old Annalise Holt, and seriously injured a friend with her.

The tragedy on December 17 last year, re-ignited a debate over safety at the crossing on Milnrow Road, and within days of the incident more than 5,000 people had signed a petition calling for safety improvements at the spot.

At a special hearing to consider an application to dismiss the charge, Oliver Jardine defending, said despite slowing to a speed of 16 mph on approaching the crossing, his client had no chance of avoiding an impact when the two girls who were on their way home from school, stepped out in front of him.

He said expert analysis of the incident, which had been captured on CCTV, showed the girls had been in the roadway for just 1.9 seconds, while the time for a driver to react was gauged at two seconds.

Mr Jarvis said the girls had been standing back from the kerb on a dark night when it would have been virtually impossible to see them.

“There was always going to be an impact from the moment they set foot on the crossing” he said. “The driver had no time to react.”

He said CCTV footage enabled experts to calculate exactly what had happened, adding: “I appreciate this is a highly charged and emotional case.

“There is however, no evidence of any carelessness on the part of this driver.”

Mark Kellet prosecuting, told the hearing however that Scott had admitted to police that he had seen neither girl before the impact, and had failed to brake or react in any way.

He said Scott, who had been driving in the carriageway furthest away from the girls, not only failed to see them, but failed to see that a car going in the other direction had already stopped at the zebra to let them cross.

“A careful and competent driver is ready to stop in such a situation” he said. “He didn’t stop, he didn’t react and he never braked,” he added.

Rejecting the application to dismiss the charge, Judge Maurice Greene said: “In my opinion there is no reason other than inattention on the face of it, than that the driver did not see the girls.”

He said: “He did not even give himself the chance to react, and a jury could conclude that had he been paying more attention he may well have had time to react and this could have been avoided.”

He said: “A jury might conclude that he was driving without due care and attention.

“Under the circumstances I have concluded that there is sufficient evidence for the prosecution to make its case in front of a trial jury.”