Drumaness driver not to blame in fatal crash

Drumaness driver not to blame in fatal crash

16 May 2012

A DRUMANESS motorist has been cleared of causing the death of a disabled woman in a shopping centre car park in Downpatrick.

Deputy District Judge Gerry Trainor ruled that Natasha Hanna was not to blame for the accident which claimed the life of Mrs. Rosemary Cunningham at Down Retail Park on December 4, 2010.

In a reserved judgement at Downpatrick District Court on Friday, he dismissed a charge of causing Mrs. Cunningham’s death by driving without due care and attention.

At an earlier court Miss Hanna (21), of Linnhurst Park, explained that she was temporarily blinded by sunlight and did not see 65 year-old Mrs. Cunningham on her motability scooter at pedestrian crossing.

Miss Hanna said she was travelling at 15mph and had pulled down the windscreen visor because of the “burning sun” which was in her eyes.

She said she took her foot off the accelerator and braked just before the impact.

Mrs. Cunningham was knocked off her scooter, but was conscious and asked to be helped off the ground.

She was taken to Downe Hospital and then to the Ulster Hospital at Dundonald where she later died.

Members of Mrs. Cunningham’s family were in court on Friday when Mr. Trainor gave his judgement.

Mr. Trainor said it was the prosecution case that Miss Hanna should have been alert to the conditions and stopped her car.

He said he had to be satisfied that Miss Hanna had “departed from the standard of competent driving.”

However, he was satisfied that Miss Hanna’s car was “stopped or practically stopped” when the accident occurred and that in accordance with the law he must find the defendant not guilty.

Addressing Mrs. Cunningham’s relatives, he said nothing in the court proceedings should suggest “there was anything untoward about Mrs. Cunningham’s use of the road on the day.”