Auriol Grey, the pedestrian who was found to have caused the death of Celia Ward after the 77-year-old cyclist fell from her bike and into the path of a passing vehicle when angrily confronted by Grey about pavement cycling, is set to appeal her manslaughter conviction.
Grey, 50, was sentenced to three years in jail having been found guilty of the offence by a jury at Peterborough Crown Court last year. However, the BBC reports, Grey has been granted the green light to appeal her conviction by Court of Appeal judges.
At a hearing in London today, three judges accepted her legal representation's argument that Grey's unlawful act manslaughter conviction would require an unlawful action to have taken place to cause the death, an action they say was not considered by the jury at the trial.
Dame Victoria Sharp, an appeal judge who sat alongside Mrs Justice Yip and Mr Justice Calver, concluded that she is "satisfied that the ground of appeal now advanced is arguable". The appeal is likely to be heard in May, with Grey expected to make a bid to be released on bail.
Ben Rose, of Hickman & Rose solicitors, the firm representing Grey, said: "Auriol Grey is an autistic, disabled person with impaired vision... In a case such as this, the prosecution is required to prove to the jury that she intended to cause Mrs Ward harm, or fear of harm.
"We say this did not happen, and as a result will ask the Court of Appeal when the case is heard in May to quash Ms Grey's conviction."
Grey had seen a previous application for leave to appeal her sentence dismissed, judges saying it was "not arguably manifestly excessive".
On the afternoon of 20 October 2020, Mrs Ward had cycled on a stretch of pavement that Cambridgeshire Constabulary was unable to "categorically" determine if it was a shared-use path or not. Following the sentencing and much campaigning, improved signage and updated maps were introduced to indicate Huntingdon footway routes where cycling is permitted.
> Remove conflict between cyclists and pedestrians, urge campaigners in wake of manslaughter case
The trial heard that as Ward passed Grey, the pedestrian became enraged by her apparant cycling on the pavement, and shouted "get off the f*****g pavement" and gestured towards her, causing her to fall from her bike and into the path of a passing vehicle.
Judge Sean Enright concluded that she was "territorial about the pavement" and "resented" the presence of the cyclist. The judge also accused her of giving a "dishonest account in interview" and that there had been "not a word about remorse until" the sentencing.
Grey left the scene before the arrival of the emergency services and went to a supermarket to do her shopping. She was arrested the next day, and claimed that Mrs Ward had been cycling "at high speed" and that she was "anxious I was going to get hit by it" so "flinched out" with her left arm to protect herself.
Judge Enright had previously concluded that "these actions are not explained by disability", Grey having autism, cerebral palsy and partial sight. Her appeal is expected to be heard in May.
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