25.02.2008

Case dropped against Bus driver

The Crown Prosecution service has dropped the case against Krzysztof Ociepa, the driver of the double decker bus that hit a boom lift in Manchester last year catapulting the operator, Martin Pilling to his death.

The trial was due to begin today against Ociepa, who was charged with causing death by dangerous driving. The Manchester Crown Court judge however ruled that Ociepa should be found not guilty after the Crown Prosecution Service decided not to proceed with the case.
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In an unusual move, Judge Goldstone instructed the prosecuting barrister Graham Knowles to respond to a list of issues raised by Pillings parents concerning the case.

These included allegations that Ociepa had:

Worked beyond the permitted number of days when the accident happened.
Failed an eye test.
Gone through a traffic light on amber.
Not been trained to drive a double-decker bus.

Knowles responded that Ociepa had driven `for more than the permitted number of days' but said there was no evidence that had he come fresh from a period of rest it would have made a difference.

Regarding claims he drove through an amber light, Knowles said evidence from a signal engineer would suggest some of the evidence of witnesses could not be right.

In response to the suggestion that Ociepa had failed an eye test, he said the results `had been mixed'. He added Ociepa had qualified as a driver in Poland and was entitled to drive a double-decker bus in Britain.

The prosecution added that the decision to ask for the case to be dropped had been taken after it was suggested there was insufficient evidence to provide a realistic chance of a conviction.

He said a report by a government transport expert showed a sun visor in the driver's cab of the bus blocked the view upwards.

He said: "The expert says this view showed that the position of the boom lift in relation to the bus would have appeared at the very edge of the driver's available field of view.

The Judge said: "Consultation should be given to ensuring the appropriate regulations are installed into law to ensure only those trained to drive double-deckers drive double-decker buses.

He went on to say: "I'm acutely conscious the parents of Mr Pilling have conducted themselves with a level of dignity which I cannot praise enough. The fact remains they disagree with the decision of the CPS with as much strength as they can muster.

"I cannot allow their emotions and wishes to override the reality of the situation concerning the strength of evidence. I am satisfied the approach the prosecution has accepted is correct and one which I endorse."