'Total miscarriage of justice': Family furious after disabled pedestrian, 50, has manslaughter conviction overturned
12 May 2024, 14:47 | Updated: 12 May 2024, 15:49
The family of a reclusive cerebral palsy sufferer have condemned the "miscarriage of justice" which put her in prison for a year after her conviction was quashed.
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Auriol Grey, 50, who has cerebral palsy and is partially blind, was jailed for three years for manslaughter for causing the death of an elderly cyclist on the pavement, after she shouted "Get off the f***ing pavement", causing the woman to fall into the path of a car.
The defendant was caught on CCTV yelling at retired midwife Celia Ward, a 77-year-old grandmother, who then died after being struck by a VW Passat in Huntingdon, Cambridgeshire, in October 2020.
Her conviction was quashed last week after senior judges at London's Court of Appeal identified serious errors in the prosecution case.
Her relatives have now described the original prosecution as "beyond comprehension" - with her brother-in-law Alisdair Luxmoore fighting to clear her name having first learnt of her conviction through media reports.
Travel company director Mr Luxmoore, 58, told the Daily Mail: "This is a total miscarriage of justice. The [appeal] judge said this should never have got to trial.
"It’s almost beyond comprehension at a human level. It’s absolutely ridiculous that our wonderful justice system can get so many things wrong with such devastating consequences."
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Ms Grey had denied manslaughter, but was found guilty after a retrial and jailed for three years in March last year.
Due to her physical impairment, she was given a cell of her own and prison officers helped her cut up food.
When she was initially arrested, she said she had no living relatives, however Mr Luxmoore thinks this was a misguided attempt to protect them.
He was married to Ms Grey's elder sister Genny, who had died of ovarian cancer a month before the death of Mrs Ward.
When she first stood trial at Peterborough Crown Court in July 2022 jurors could not reach a verdict, but then she was found guilty at a retrial in February last year.
Judge Sean Enright said Ms Grey had been "territorial about the pavement" and "resented the presence of an oncoming cyclist".
He also told Ms Grey her actions were "not explained by your disabilities".
Mr Luxmoore told the Sunday Times: "Auriol was given no consideration or mitigation for her circumstances throughout this process.
"She felt unable to speak at the trial - either trial - because she is not confident in that situation.
"She gets really confused and didn’t want to get it all wrong - it would have been an enormous ordeal."
He said Ms Grey's family had not known about the first trial so were unable to offer help until later, when he responded to an appeal being rejected by instructing solicitors from Hickman and Rose who agreed to act pro bono.
Mr Luxmoore went on to say: "Anyone in that situation, particularly with clear and recognisable cognitive issues, should have been offered some support.
"The court should have recognise that people in her situation need additional support to represent themselves."
Ms Grey, who spends a lot of time in a local library and fundraising for the National Institute of Blind People, now hopes to resume a normal life.
But Mr Luxmoore said of the appeal ruling: "This was a relief, not a celebration - the whole thing is a tragedy."
Ms Grey's actions during the incident were described in the court as a "hostile gesticulation" towards grandmother Mrs Ward.
However her lawyer Adrian Darbishire said: "Hostile gesticulation is not a crime, otherwise we would have 50,000 football fans each weekend being apprehended."
Following last Wednesday's ruling, Ms Grey's family said in a statement: "Whilst we welcome the decision of the Court of Appeal our thoughts today are also with the Ward family and I am a sure a day doesn't go by when they don't remember their tragic loss."
"We are very relieved that Auriol's prison ordeal is over and we would like to thank for the staff and inmates of HMP Peterborough for the kindness and consideration they have shown over the last year.
"There has been unnecessary and prolonged suffering and vulnerable people like Auriol need better support from the justice system - we hope lessons will be learnt."
"That said, we have been heartened and gratified by the way the legal community has rallied around her and, with no thought to personal gain, worked hard to right these wrongs."
"Auriol's challenges are not over today. After a tough start she has strived over decades to build a normal life without seeking attention and we don't underestimate the difficulties she will face rebuilding this."
A Crown Prosecution Service spokesman said: "The death of Celia Ward was a tragedy, and we reviewed the facts of this case carefully."
"Our duty is to ensure the law is properly considered and applied when making difficult charging decisions - we note the court’s decision and will reflect on its judgment."
