Police driver who killed student on pedestrian crossing 'believed speed was proportionate'

Pc Vaughan Lowe, who was on his way to an 'immediate response' incident, said he only saw Chinese student Zhang Xuan Wei when he was already in the confines of the crossing.

A jury heard the West Midlands Police traffic officer told Independent Police Complaints Commission investigators: "He literally came from my off-side into the path of the vehicle."

Lowe, aged 43 from Stourbridge, has pleaded not guilty at Warwick Crown Court to causing the 24-year-old Birmingham City University student's death in April 2012 by careless driving.

Wei was killed when he was struck by an unmarked police BMW driven by Lowe as he used a pelican crossing on the A34 New Town Row in Birmingham at around 7pm as he and a friend were heading to the Newtown shopping centre to get a takeaway.

After crossing the first part of the dual carriageway, Wei, had 'walked or jogged' onto the second part of it to get across the outbound carriageway.

It is alleged that although Lowe, who was responding to a call about a car that had failed to stop for other officers, had reduced his speed from 62 to 52mph, he was still driving too fast.

"It is the prosecution case that therefore his driving fell below the standard of a competent and careful driver," prosecutor Graham Reeds QC explained.

The jury has heard that Lowe was interviewed by IPCC investigator Clara Harriott and a colleague in August 2012.

He told them he was in uniform with another officer in an unmarked BMW when he heard a radio transmission about a sighting of an Audi S3 which had previously made off from officers.

"It was in an area notoriously linked to guns and criminality," said Lowe.

The car had been spotted in Aston, about a mile from where he was at the time just off New Town Row.

Responding to the 'immediate response' request, he said he pulled out onto New Town Row and put on the BMW's blue lights and siren before going through red traffic lights at a junction.

He explained that it was a three-lane carriageway, with the first of those being a bus lane, and said: "As it was clear I decided to take that lane."

As he approached the junction with Milton Road he said that in the distance he could see the pelican crossing ahead with its red light towards him.

"I have been aware that there are pedestrians on the crossing slightly obscured from my view, crossing from my off-side. As lane three is clear of traffic I made the decision to move into lane three."

He explained that he did so because he felt that if he stayed in the bus lane the pedestrian would either rush to get across before the police vehicle got there or turn the other way.

"As I got about 100 metres from the crossing the lights had begun to flash on amber towards me.

"There were no persons approaching from the nearside. I can see no persons to the off-side of the crossing, and there were no people on the crossing.

"As I got into the confines of the crossing Mr Zhang has run in front of my vehicle on the crossing."

The jury has heard that Lowe, who said he was aware the speed limit on the road was 30, had been doing up to 62mph in the bus lane and when he first moved across into lane three, reducing his speed to 52mph as he approached the crossing.

Explaining his speed, he told the investigators: "I believed we were attending a possible serious offence linked to guns and gangs."

Asked whether he felt his speed was appropriate for the circumstances relayed to him and proportionate for the conditions, he replied: "Yes I did. I was in control of the vehicle."

He said he would have a clear view of someone approaching the crossing from his nearside, but on the offside his view would be 'more restricted' due to a wall either side of the crossing.

Asked when he first saw Mr Zhang, he replied: "When I was actually in the confines of the crossing. He literally came from my off-side into the path of the vehicle."

The trial continues.