A police officer is standing trial accused of causing the death of a woman in a collision while pursuing a stolen vehicle. PC Mark Burrows claims the victim yielded to him. The case follows an investigation by the IOPC.
A police officer accused of killing a woman in a fatal collision said he believed she was 'yielding to him' as he pursued a stolen Audi A3.
PC Mark Burrows, 46, is on trial for causing death by dangerous driving following the death of Heather Smedley in December 2022 . The charge followed an investigation by the Independent Office for Police Conduct , which said that an unmarked police car had been in pursuit of an Audi A3 that officers believed was stolen. The police car collided with a Peugeot 108 at the junction of Oldham Road and Otmoor Way in Royton, the IOPC said.
Ms Smedley, the driver of the Peugeot, died at the scene just two days before Christmas in December 2022. Click here to get the biggest stories straight to your inbox in our Daily Newsletter Mr Burrows, who was described as a serving police constable with Greater Manchester Police , denies the offence and is facing trial at Chester Crown Court.
The court previously heard that he was on duty and driving a 'high-powered', unmarked Volkswagen Golf R. He has been a member of GMP's Tactical Vehicle Intercept Unit since 2012, it was said. Giving evidence, Mr Burrows said he had completed training for tactical pursuit driving and had worked as an advanced police driver since 2011.
He said on December 23, 2022, he had been deployed to Oldham to reports of a suspected stolen Ford Fiesta, alongside two other unmarked vehicles and one marked police car. He told the court that whilst making observations at the roundabout at Shaw Road after a suspect driving a stolen Ford Fiesta had left the area in a different vehicle, he saw an Audi A3 overtake his colleague's vehicle at speed on the roundabout.
'As he started the overtake, I thought 'that must be stolen'. I gave the first four digits of the registration plate to my colleague who checked and confirmed it was stolen,' he said. Mr Burrows said a plan was put in place for his colleague to deploy a stinger on Salmon Fields whilst he pursued the Audi A3. He said he was positioned across the white lines of Shaw Road to allow for maximum visibility during the pursuit.
As he turned right onto Cocker Mill Lane, the Audi A3 drove past him in the opposite direction at speed, and he did a 180 degree manoeuvre before pursuing it, he told jurors. The pursuit continued onto Oldham Road, with the Audi reaching speeds of 76mph, the jury heard. In the moments leading up to the crash, the court heard Mr Burrows' Golf reached speeds of over 80mph on the opposite side of the road.
He told the court that a red Corsa, that was travelling in front of him, indicated to the left and braked as it moved to the left side of the road. He confirmed he had activated his emergency equipment, including blue lights and siren, to alert other road users to his presence. He also said he was in an 'elevated position', and had positioned his car in the centre of the road to have full view of the Audi A3.
Asked about Mrs Smedley's Peugeot, he said: 'I saw the brake lights come on, they went off and then came on again strongly. I believed she had seen me and was adhering to the Highway Code and yielding to me.
' Samuel Green KC, representing Mr Burrows, said that video footage showed that Mrs Smedley's vehicle did not move to the left side of the road. 'With the benefit of hindsight, the road starts to narrow - I believed she was moving to the near side. I was trying to give them the best chance of seeing me, and giving myself the best chance of seeing the suspect vehicle,' said Mr Burrows.
'I positioned myself on the white lines. I scanned left and right for any potential hazards.
' He said after overtaking the Corsa, he took his foot off the accelerator and covered the brake before going to 'pick up' the accelerator again. He said just one second later the picture 'completely changed'.
'My view was obscured by the A-frame within the car. I glanced to the offside and was looking back when the picture changed. The next thing I saw was the Peugeot indicating at the point of turning before it moved into my path,' he wept.
'I immediately applied emergency breaking. ' Asked what happened afterwards, he said: 'Immediately following the collision - there are certain things I'll never forget and certain things I'll never remember. 'I got out of the car and the next thing I just wanted to get to Mrs Smedley and check on her welfare. I had called for an ambulance as I went over, and I tried to get the passenger door of her car open but it was jammed.
'I got in the vehicle and I tried to check for injuries. I tried to communicate with her and I held her hands,' he said, wiping his eyes. Concluding his questioning, Mr Green asked: 'Did you think for a single second before this collision occurred, that during the course of this pursuit, it was going to end in this tragic way?
' Breaking down in tears, Mr Burrows said: 'Not until that very last second. I believed I had compliance from all the vehicles on the road.
' In cross examination by prosecutor Jonathan Sandiford KC, he said: 'The vehicle, in my view, was moving to the near side. The road narrows, and that may be why my perception was deceived, as I believed her vehicle had yielded to me due to her position in the road, being away from the centre line and braking.
'I had a very short space of time to see if someone was yielding or not. I believed she was yielding to me.
' In re-examination, Mr Green asked: 'At any time, did you do anything but your level best? ' Wiping his eyes, Mr Burrows said: 'I was doing my level best, like any time I go to work. ' Mr Burrows, of Broadstone Hall Road South, Reddish , Stockport , denies causing death by dangerous driving and an alternative charge of causing death by careless driving. Proceeding.
Police Chase Fatal Collision Dangerous Driving IOPC Heather Smedley
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