Fatal crash case halted for 88-year-old
The prosecution of an 88-year-old man after he was involved in a fatal road accident has been halted.
Dementia sufferer Mr William Hems was accused of causing the death of father of four Garathan Marsh through careless driving.
He had not entered a plea and was not at Wolverhampton Crown Court when the charge was withdrawn on Friday.
Mr Robert Price, prosecuting, maintained: "It is no longer in the public interest to continue.
"He is 88 years old and of impeccable character having no previous convictions and a clean driving record.
"He is very unwell and his condition is deteriorating. What was being alleged was momentary inattention but the decision has been made not to continue with the case.
"This was based on his age, mental and physical condition and the steps that his family has taken to ensure he never drives again.
"The family of Mr Marsh has been informed and are supportive of the decision."
It was approved by Judge James Burbidge QC.
Mr Hems from Mill Place, Coalpool was at the wheel of a Ford Fiesta and turning from Holtshill Lane, Walsall into Lower Rushall Street when tragedy struck at 10.15pm on September 13 last year.
A motorcycle being ridden along Lower Rushall Street by 27-year-old Mr Marsh clipped a corner of the car and he suffered fatal injuries when flung into the path of another vehicle.
Police retained the driving licence of Mr Hems following the accident. The DVLA has been notified about his health issues.
The family of Mr Marsh paid this tribute shortly after his death: "Gaz was a dad of four who was loved and known by many. He had a heart of gold and was always there to help others."
Mr Hems' granddaughter Abigail Walker, said following the withdrawal of the charge: "Speaking on behalf of the whole family I express our heartfelt condolences to Garathan's family. The fact that a life has been lost in an accident involving my grandfather has affected us all enormously."
