BIRMINGHAM, England, March 10, 2011 /PRNewswire/ -- A West Midlands Travel bus driver, Zahoor Khan, was today, 10th March 2011, found not guilty of causing death by careless driving at Birmingham Crown court when the prosecution had to abandon the case.
Mr Khan had been charged with causing death by careless driving after an accident on 15th Jan 2010, in which Mr Gary Brien (43) from Longbridge in Birmingham was killed.
Mr Brien, the court heard, had been drinking for several hours during the afternoon and evening celebrating the end of a two week stint on jury service before catching a bus home at around 8.30pm. The bus was driven by Mr Khan.
Mr Brien got off the number 61 bus to Frankley near the Dingle Social club stop in New Street after realising he was on the wrong bus. He was seen to get off the bus and for a fleeting glimpse in the front windscreen by a passenger before the bus moved off.
The prosecution case against Mr Khan relied on the assertion that the driver should have noticed Mr Brien before moving off. The police investigating officer had found cleaning marks on the front of the bus only below the level of the windscreen. Following the evidence in court, the prosecution were obliged to accept the defence expert evidence that indicated that Mr Brien had already fallen when the bus hit him and was consequently out of sight when the driver was making his routine mirror checks before proceeding.
After the prosecution had indicated that it could not proceed, the judge directed the jury to enter a not guilty verdict.
The solicitor representing Mr Khan, Louis Carter, of DBS Law, said
"This was the only verdict possible in a case where no substantive evidence was offered by the prosecution to suggest our client was at fault. The evidence that suggested our client's innocence was available from immediately after the accident. There are serious questions to be asked as to how this prosecution was in the public interest.
Mr Khan has asked me to express his sympathy for Mr Brien's family for their loss. He has also asked me to thank Unite, his union, and Travel West Midlands, his employers for their support.
This was tragic accident that has affected Mr Khan deeply and this case which has dragged on for over a year has unnecessarily added to his ordeal and to the suffering of Mr Brien's family."
SOURCE DBS Law