Disabled pedestrian who waved at cyclist before she fell into path of car ‘should never have been charged'

8 May 2024, 14:55

Auriol Grey leaves the Royal Courts of Justice today after having her conviction for the manslaughter of  Celia Ward overturned
Auriol Grey leaves the Royal Courts of Justice today after having her conviction for the manslaughter of Celia Ward overturned. Picture: Alamy/Cambridgeshire Police

By Asher McShane

A "vulnerable" pedestrian whose manslaughter conviction was quashed after she shouted and waved her arm at a cyclist, causing her to fall into the path of an oncoming car, "should never have been charged", her lawyers have said.

Listen to this article

Loading audio...

Auriol Grey was seen on CCTV shouting at retired midwife Celia Ward to "get off the f****** pavement" in Huntingdon, Cambridgeshire, causing her to fall into the road in October 2020.

Grandmother Mrs Ward, 77, of Wyton, Cambridgeshire, died after she was struck by a car in the incident.

Ms Grey, who has cerebral palsy and partial blindness, denied manslaughter but was found guilty after a retrial and was jailed for three years in March 2023.

But on Wednesday, three judges at the Court of Appeal in London overturned the 50-year-old's conviction.

Read more: Britain's worst dine and dash couple plead guilty to dodging over £1,000 of bills in spree across restaurants in Wales

Read more: Teacher, 30, tucks pink baby’s bonnet into her trousers as she arrives at court accused of ‘grooming’ schoolboy

Auriol Grey was convicted of manslaughter on a ‘false legal footing’, the Court of Appeal was told
Auriol Grey was convicted of manslaughter on a ‘false legal footing’, the Court of Appeal was told. Picture: Alamy

Dame Victoria Sharp, sitting with Mrs Justice Yip and Mrs Justice Farbey, said: "In our judgment, the prosecution case was insufficient even to be left to the jury."

She continued: "In all the circumstances, we have no hesitation in concluding that the appellant's conviction for manslaughter is unsafe."

The court heard Ms Grey, who attended the hearing after she was granted bail earlier this year, was charged with unlawful act manslaughter - which requires an unlawful action to take place that caused death.

CCTV footage showed Celia Ward, pictured here with her husband David, wobble into the road before she was hit and killed
CCTV footage showed Celia Ward, pictured here with her husband David, wobble into the road before she was hit and killed. Picture: Cambridgeshire Police

However, her lawyers told appeal judges that no such "base offence" was ever identified at the trial.

In a statement issued by firm Hickman and Rose after the ruling, Ms Grey's legal team said: "Once the legal elements of the offence were properly understood, it was clear that there was no proper basis for Ms Grey to be convicted of manslaughter, or indeed any offence. As a result, her conviction was quashed.

"Ms Grey simply should never have been charged."

They added: "Misconceived prosecutions and wrongful convictions such as this cause untold pain to all those affected, including the family of the deceased, as well as the person wrongly accused."

Auriol Grey has had her manslaughter conviction overturned
Auriol Grey has had her manslaughter conviction overturned. Picture: Alamy

The legal team also said that neither Mrs Ward's family or Ms Grey and hers "should ever have been put through this ordeal".

"Mrs Ward should never have been faced with the choice between cycling on the pavement or cycling on a busy and dangerous ring road," they said.

"Had a clear and well-signed cycle path been in place, safely separating vulnerable pedestrians such as Ms Grey, this accident would never have occurred."

In Wednesday's judgment, Dame Victoria said that the jury were not asked to decide "the fundamental question of whether a base offence was established" by prosecutors, Ms Grey's former legal team or in directions from the trial judge at Peterborough Crown Court, Judge Sean Enright.

Dame Victoria continued: "The appellant's actions that day contributed to Mrs Ward's untimely death ... Had Mrs Ward not died we regard it as inconceivable that the appellant would have been charged with assault."

The Crown Prosecution Service (CPS) had responded to the appeal, with its barrister Simon Spence KC telling the court it was accepted that "common assault as the base offence was not identified by name".

Asked by the appeal judges what actions could have been deemed common assault if it had been identified, Mr Spence said: "The walking towards the cyclist, the gesticulation with her left arm towards the road and the words, 'get off the f***** pavement'.

"Those words are capable of turning a gesture and nothing more into an unlawful act."

After the judges had given their ruling, Mr Spence asked for Ms Grey's case to be sent back to the crown court for a retrial, which was denied.

More Latest News

See more More Latest News

Legendary strongman Geoff Capes left nearly £240,000 in his will

Legendary strongman and Olympian Geoff Capes leaves £240k in will following death aged 75

The scene in Coulter Road, Hammersmith, west London, following the death of a woman in a flat

Woman, 36, found dead after man seen trying to force his way into flat in west London

Quinn Parker

'Inhumane' NHS trust admits maternity failings as three babies die within months of each other

The Aesculapian snake can grow up to two metres in length

Europe's biggest snake 'thriving' in UK and living in people's attics, study finds

The Aurora Borealis, Or Northern Lights, Visible From Large Swath Of North America

Northern Lights to be visible across parts of UK tonight

Zhenhao Zou is accused of rape

Woman 'among ten accusing Chinese student of rape' in London left 'angry and ashamed after attack', court told

London, UK. 28th January, 2025. Attorney General Richard Hermer arrives in Downing Street to attend the weekly Cabinet meeting. Credit: Wiktor Szymanowicz/Alamy Live News

Labour spat as peer brands attorney general Lord Hermer 'arrogant, progressive fool' and calls for him to quit

Jaysley Beck, 19, was found dead at Larkhill Camp in Wiltshire

Soldier, 19, complained of 'unwelcome behaviour' from 'psychotic and possessive' boss before taking her own life

Watch the rousing Super Bowl ad directed by Michael Bay on behalf of the Secret Service

US Secret Service spends millions on recruitment film from Hollywood director Michael Bay

Father jailed for at least 15 years after murdering daughter, 14, in 'kitchen play fight'

Scarlett Vickers' grandad defends father who stabbed teen to death in 'kitchen play fight'

Israeli captive Eli Sharabi was handed over on Saturday

Hamas delays the release of hostages 'until further notice' over claims Israel violated ceasefire deal

Donald Trump has said he is working on a plan to broker a deal to bring an end the war in Ukraine

Trump's Russia-Ukraine plan explained: How the US President intends to end the war

Britain's King Charles III, Prime Minister Keir Starmer, right, and Deputy Prime Minister Angela Rayner, center, speak to teachers and school children as they visit Nansledan School in Newquay, England, Monday, Feb.

King Charles turns tour guide as Sir Keir Starmer and Angela Rayner embark on royal visit to Cornish housing project

a

Labour suspends second MP Oliver Ryan over 'unacceptable' WhatsApp group messages

The parents of the victims of the Southport attack have called for change

'We will never feel true happiness again': Parents of Southport victims pay tribute to daughters as they call for change

Keith Kellogg has reportedly told allies he is preparing 'end of war' options to present to Donald Trump

America's Russia-Ukraine envoy preparing 'end of war options' to present to Trump