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Daily Record
Daily Record
National
Gordon Currie

Pensioner who hit OAP with car cleared of causing death by careless driving

A 79-year-old woman who fatally injured an elderly pedestrian has been cleared of causing her death by driving carelessly.

Muriel Charman struck Pamela Cochrane, 78, when she tried to cross the road after a shopping trip and she died in hospital a few hours later.

Charman told police immediately after the crash : "I didn't see her. I can't understand how I didn't see her."

In a joint minute read to court, Charman admitted knocking down Ms Cochrane near her Dundee home and that the injuries led directly to her death later the same day.

Fiscal depute John Adams told the death by careless driving trial at Dundee Sheriff Court : "The following facts are agreed, proved and admitted to evidence.

"On 12 November 2019 at 5.03 pm the accused, Muriel Charman, was driving a black Citroen C3 in Glamis Road, Dundee, when she collided with Pamela Cochrane, who was a pedestrian on the road.

"Pamela Cochrane died as a result of injuries she sustained in the collision. Her life was pronounced extinct at 10.55 pm. A post-mortem examination was carried out.

"The cause of death was ruled to be multiple injuries, blunt force trauma, pedestrian struck by a car."

He submitted photographs showing damage to the accused's car, along with CCTV footage taken from the Spar store next to the junction where the collision happened.

"The accused provided a negative specimen. On 13 November she surrendered her driving licence to police. There were no pre-collision defects with the car which would have contributed to the collision.

"Whilst referring to the collision, she told officers 'I didn't see her. I can't understand how I didn't see her.'"

Charman, who was moved from the dock to the lawyer's table due to her poor hearing, denied killing the pedestrian by knocking her down as she crossed the road.

Charman denied failing to spot Pamela Cochrane on the road and colliding with her in Glamis Road, Dundee, on 12 November 2019.

Charman, Glamis Gardens, Dundee, denied driving carelessly near the junction with Dalrymple Street and causing Ms Cochrane's death by failing to observe and react to her being on the carriageway.

The pensioner was alleged to have collided with the pedestrian, damaging her car, and causing injuries from which Ms Cochrane died in Ninewells Hospital later the same day.

Charman became visibly upset as the court was shown CCTV footage of her car striking Ms Cochrane as she tried to cross the road from the Spar shop.

PC Stewart Coupland told the court that the brake lights on Charman's car only came on "two and a half seconds" after she struck the pensioner on the road.

He said: "A reaction time of one or two seconds is normal, but that does extend as our years advance.

"Two and half seconds reaction time after a collision isn't in itself unusual, but it would suggest the reaction only took place as a result of the collision, rather than reacting before the collision.

"It would imply it was a reaction to the collision as opposed to reacting to something in front of them. She can be seen quite clearly walking at a reasonable pace across the road and speeding up towards the end."

The trial was shown the damage to the car which included dents in the lower bumper and bonnet and a badly smashed windscreen.

The officer said a pool of blood remained on the road after medics had removed Ms Cochrane.

Sheriff Richard MacFarlane said: "I am not persuaded that the prosecution have proved in the circumstances of this tragic case that your driving fell below what would be expected of a competent and careful driver."

He found Charman not guilty and as she was led out of court by supporters she said: "I don't feel very well."

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