Civil case judgement will have huge implications

A civil court hearing has found an officer from Kent Police wholly responsible for the death of a woman, despite the Independent Police Complaints Commission (IPCC) and Crown Prosecution Service (CPS) deciding not to proceed with a prosecution.

The judgement given in a civil case for negligence held at Canterbury County Court found PC William Purse “100 per cent at fault” and is said to have significant consequences for other cases across the country.

Rachel Cheesewright, 29, died in the accident that occurred on the A28 near Ashford in October 2005 when her vehicle collided with a police car responding to an emergency call. Kent Police will now face a claim for compensation from Miss Cheesewright’s family.

The civil court verdict is the result of action taken by Miss Cheesewright’s family and follows previous findings by the IPCC and CPS that no action should be taken.

Judge Jonathan Simpkiss delivered the verdict last week concluding that Mr Purse was negligent as he drove at excessive speed and did not have the siren on.

Kent Police has been refused the right to appeal against the decision made at the civil court hearing, but said it is considering the judgement and “cannot make any further statement at this time”.

Following the judgement, the family’s solicitor Sarah Harman said that all police forces should take heed of this case. “There are wider lessons from this case, which are that the police cannot drive at excessive speeds on country roads and ignore the interests of other road users,” she said.

“This case isn`t just important for this family – it is important for police practices.”

Ian Pointon, chair of Kent Police Federation, has riled against the conclusion drawn by Judge Simpkiss and the statement made by the family’s solicitor.

“This judgement, contrary to comments made by the Cheesewright family’s solicitor, Ms Harman, has implications for all the emergency services and not just the police. When members of the public call for urgent assistance, whether that is fire, ambulance or police, they expect a speedy response; if you’re having a heart attack you want the ambulance there quickly. I sincerely hope this judgement won’t result in emergency vehicles keeping to the speed limits lest someone pulls out in front of them.”

He continued: “On the night in question, Constable Purse, an advanced police driver, was responding to an emergency call in a vehicle equipped to do so.

“In reality, Miss Cheesewright pulled from a side road onto the main A28 into the path of a police vehicle displaying headlights and blue lights. It was dark and these would have been clearly visible. Consequently, with nearly 24 years of policing experience, I find it difficult to comprehend how Constable Purse is wholly liable.

“I fully understand the desire to find someone to blame and my thoughts are with both the Cheesewright family and the officers involved in this tragic accident.”