Biker death crash trial begins (From Watford Observer)

Biker death crash trial begins

9:50am Saturday 20th June 2009

• Print
• Email
• Share

Emotions were running high at the trial of a 36-year-old woman charged with drink driving and careless driving following a fatal collision with a motorcyclist in April last year.

James Giles, 27, died after his Suzuki motorbike and a VW Golf driven by Katie Montague collided outside the Coach and Horses pub in Croxley Green on Monday, April 21, 2008.

Keen motorcyclist Mr Giles, of Croxley View, Watford, was pronounced dead at the scene after his bike, being driven at an estimated 88mph at the point of impact on the 30mph road collided with the Golf at about 9.40pm.

Montague, of Beechcroft Avenue, Croxley Green, had drunk a large glass of white wine and part of a smaller glass after work before getting into her car to go home.

At St Albans Magistrates Court on Friday, District Judge Dennis Brennan was shown CCTV footage taken from the Coach and Horses which captured the moments leading up to and the impact of the two vehicles.

Many of the friends and family of Mr Giles, who packed the public gallery left the court as Mr Mike Dunne, prosecuting, warned the CCTV was about to be played.

The pictures showed Montague's black VW Golf stop at the top of Old Barn Lane for several seconds before turning right into The Green, colliding with Mr Giles' bike travelling at speed up the road towards her.

Statements taken from David Redmond, an experienced motorcyclist and doctor at Watford General Hospital, and his solicitor wife Jane, who live nearby, were read in which they describe seeing a “wall of flames” in the middle of the road and bits of the bike “scattered everywhere”.

Mr Redmond said: “There was someone kneeling by the body. I went straight there and he was lying in the recovery position, not moving.

“I knelt down to check for life signs, but found no pulse. I did not attempt to resuscitate. I could see he was dead.”

Police found Montague inside the pub crying and drinking a cup of coffee.

She was breathalysed by PC King three-quarters of an hour after the collision and gave a reading of 43mg of alcohol in 100ml of breath – in excess of the prescribed limit of 35mg.

Montague told the officer at the scene: “I started to pull out of the lane to turn right and I didn't see him.”

In interview two days later, Montague said: “I looked right then left. As I looked right the second time I slowly started to pull out. It was clear the first time I looked and I didn't see anything.”

Mr Dunne said: “The crown say there was inadequate looking to the right on the second occasion. Regardless of the speed Mr Giles may be travelling he was there to be seen.

“He would have been there to be seen for several seconds prior to Miss Montague emerging from the junction.”

A blood sample taken from Montague at Watford General hospital two hours after the incident showed she was now under the drink drive limit.

Expert witness for the prosecution Iain Littley said a back calculation from the blood sample showed at the time of the collision Montague would have between 79mg and 109mg of alcohol in 100ml of blood.

The lower reading would mean the defendant was under the limit of 80mg at the time of the collision, however Mr Littley said the most likely reading would have been 95mg, which coincided with the results of the breath test taken at the pub.

Emma Reed, for the defence, made an application on a point of law that the prosecution should not be allowed to rely on the breath test taken at the pub to strengthen its case.

She argued that it would not be admissible evidence on its own in court as the necessary procedure of two tests taken at the station had not been followed.

DJ Brennan dismissed the argument and gave a ruling to allow the evidence to be submitted, which was greeted by applause from Mr Giles' friends and family.

DJ Brennan addressed the public gallery saying: “I appreciate emotions can be heightened but it is not a football match or a competition and would be grateful if you would be sensitive to the needs of the court.”

The trial was adjourned due to lack of time until Thursday, July 9 when the defendant will have the opportunity to give evidence.

• Print
• Email
• Share