Death crash Pc's relief at not guilty verdict

Pc Vaughan Lowe's unmarked police BMW, which had its blue lights and siren on at the time, struck Chinese student Zhang Xuan Wei on the crossing on the A34 New Town Row in Birmingham.

The 24-year-old, a student at Birmingham City University, was thrown into the air by the impact, and died in hospital the following day.

Lowe, aged 43, a West Midlands Police advanced driver who is from Stourbridge, had denied causing Wei's death in April 2012 by careless driving.

He was found not guilty by a jury on the tenth day of his trial at Warwick Crown Court yesterday (WED).

Speaking after leaving court into the arms of his wife, who is also a police officer, Pc Lowe said: I'm relieved and thankful that it's all over. It's been a long and punishing process for all of us."

He added: "My thoughts and sympathies are to this young man's family who've had to endure the tragedy of what happened that day."

The court had heard that Wei and a friend were heading to the Newtown shopping centre at about 7pm on April 4 to get a take-away.

But after crossing one side of the dual carriageway he was hit as he 'walked or jogged' onto the pelican crossing to cross the outbound carriageway from the central area.

It was alleged that although Lowe, who was responding to an 'immediate response' call, 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 had told the jury.

Giving evidence Lowe said that he and his colleague had been deployed to the Aston area at around 5pm because of a suspicious Audi S3 which had failed to stop for other officers. The car was not found, but was spotted again at 7pm – and he said he was responding to that, with the BMW's blue lights and siren on, as he drove along New Town Row.

A video recording from the car's on-board camera was played several times, at normal speed, half-speed and even parts of it frame-by-frame during the trial.

It showed that after going through red lights at a junction Lowe reached 62mph in the bus lane before moving to the outside lane after seeing someone crossing towards the nearside as he got nearer to the pelican crossing.

Talking through the recording as it continued, he told the jury: "The lights are changing to flashing amber. I am aware they have been on red for a while, and I can't see any person on the crossing or approaching the crossing."

Asked by his barrister Brian Dean if he was still looking towards the crossing as he approached, Lowe replied: "Yes, you're constantly scanning as I move forward. There were no pedestrians."

Asked when he first became aware of a pedestrian in the vicinity of his vehicle, Lowe said: "When he was directly in front of the vehicle. Directly in front of the bonnet of the vehicle."

Following the not guilty verdict, Judge Andrew Lockhart QC told the jury: "This has been, for all concerned, a case that had been difficult and involved.

"It is a case which has been properly brought against this officer and properly defended and properly considered by you."