Oldham mum 'had no reason to expect 80mph police car'

Mark Burrows, a serving Greater Manchester Police officer, is accused of causing death by dangerous driving of Heather Smedley in Royton just days before Christmas in 2022.

Jonathan Sandiford KC, prosecuting, told Chester Crown Court yesterday (April 28) that Burrows had been a member of the tactical vehicle interception unit and had only recently undertaken specialist training refreshers on police pursuits. 

Mr Sandiford KC said that Burrows was driving a high-performance Volkswagen Golf R when he spotted a stolen Audi A3 on Shaw Road. 

After making a U-turn to follow the car, a pursuit began and led onto Oldham Road, where Mrs Smedley was turning right. 

He explained that the 47-year-old police officer was driving between 80 and 82mph while chasing the Audi, which was driving at 76mph. 

The Audi narrowly missed Mrs Smedley's car, and as she moved to turn into a side street, Ottmore Way, Burrows crashed into her driver's side, and she was pronounced dead at the scene. 

He said: "The crown makes no criticism of the defendant's decision to pursue the Audi.

"He drove according to police training on Shaw Road.

"But the prosecution says when the defendant got onto Oldham Road, he began to disregard a significant aspect of police driver training.

"Those aspects are designed to avoid police causing accidents in pursuits.

"The prosecution says instead of driving in accordance with training, he drove in a way that created a significant risk of serious and fatal collision, as did happen in this case."

Mr Sandiford KC explained that Roadcraft, the police drivers' handbook, states drivers should adjust their speed based on how well they can see, and that the faster they go, the further ahead they must look in order to stop in time for hazards. 

The court heard how Mrs Smedley had been indicating to turn right.

Paul Taylor, a witness driving behind the victim, said that Mrs Smedley had started to slow down and move into the centre 'as you do when turning right'. 

He said he heard police sirens and looked in his mirror, where he saw the police car with its lights on.

He said: "I was pulling in and suddenly became aware of the Audi, and the car in front had started to turn right as the Audi had to go around it.

"I think, because of 40 years of driving, my sixth sense was 'there's going to be an accident here'.

"I don’t recall if it was indicating.

"But I knew that car was going to turn right, it had positioned itself ready to turn, and there was no other traffic coming to stop it from doing so."

Mr Taylor said Mrs Smedley's husband came out from a house nearby and asked, 'Is that my wife?'.

The court heard how Burrows attempted to overtake four vehicles, including Mrs Smedley, when the crash happened.

Mr Sandiford said she had 'no reason' to expect a car to be travelling in excess of 80mph. 

Another witness, Darren Tustin, a Metrolink mobile cleaner who was driving a work van ahead of Mrs Smedley, also gave evidence.

He said he did not hear the siren but saw flashing lights in his driver's side wing mirror.

He saw debris and the white car spinning around and coming to a stop.

He went to the white car to help Mrs Smedley before paramedics arrived.

The prosecution alleges that while Mr Burrows was authorised to pursue the Audi, he 'failed to seek evidence' that drivers ahead were aware of his presence before attempting to pass them and that he was travelling too fast to react to Mrs Smedley's turn.

Addressing the jury, Samuel Green KC, defending, said: "I had not been planning to address you yet.

"What prompted me was when Mr Sandiford said to you it was going to be suggested on behalf of Mr Burrows that this was all the fault of Heather Smedley.

"I shall be saying no such thing.

"The real fault here lies with a man called Marcel Doyle, who drove the stolen vehicle at eye-watering speeds.

"Pursuit tactics are likely to present police officers and members of the public with significant risk.

"Mark Burrows was engaging in a pursuit which was holy justified.

"Other members on Oldham Road heard the siren and saw the car in rearview mirrors.

"A man in a red Corsa slowed down and pulled to the left.

"Tragically, it appears Heather Smedley did not see the car or the stolen Audi.

"Pursuits involve risk, police officers try to minimise and manage those risks.

"But very occasionally, with the best will in the world, the risk will actualise."

The trial continues today (April 29).