"No faults" on rolling van which killed pedestrian

Christopher White (39) of Fenn Road, Tankersley, pleaded not guilty to the offence after his work van crashed into Michael Mills (54) on Howard Street, Rotherham.

The incident occurred on August 21, 2014, at around 3.45pm and Mr Mills, originally from Doncaster but living in Rotherham, was pronounced dead at the scene.

Mr Simon Waley, prosecuting at Sheffield Crown Court today (Monday), said White had parked his Volkswagen Transporter Van outside the Mace Shop to deliver soft drinks.

He said: “The street on which the shop is situated on is a hill, it has a gradient, at least in the part of the road what concerns us, of approximately ten per cent.”

The defendant's van was coming down the hill and parked on double yellow lines outside B&M Bargains facing downhill.

Mr Waley said the defendant put his handbrake on, after 30 seconds got out of the vehicle and walked across the road into the Mace shop.

“Fifty-one seconds after he got out of the van, that's 81 seconds after putting the handbrake on, the van began to run down the hill and it's picked up speed quickly and freely.”

The van veered across the road to the right, mounted the curb and struck Mr Mills from behind, he was.

Mr Waley said he was “completely unaware of it until it struck him and dragged him under.”

The van came to a stop outside Abbey Pharmacy - the whole incident was captured on CCTV - which was played to the jury of eight men and four women.

Mr Waley said PC Glossop who attended the scene had found the handbrake to be in the off position down to the floor and the gear stick in neutral.

The prosecutor said the Highway Code stated in rule 252, in which it gives advice about parking on a hill, that a vehicle should be left in gear and the wheels turned into the kerb.

He said these were advisory actions and not mandatory.

Mr Waley added the jury was therefore not trying the defendant on whether he had left his handbrake on, but must decide whether or not by Mr White not following the advice given in rule 252 he had been a careless driver.

In a police interview, Mr White said he was sure he had put the handbrake on the vehicle and left the van in neutral.

Mr White said he was aware of the Highway Code recommendations about parking on a hill, but did not think they were necessary in this situation.

The court heard no faults were found in the van by investigators and there was no evidence to suggest the hand brake could release itself.

Two experts could not offer an explanation as to why the van rolled away freely after being stationary for 81 seconds, said Mr Waley.

But they agreed they could not rule out an unidentified malfunction of the handbrake lever.

Mr Waley added: “What these joint experts say is they acknowledge if the vehicle had been left with its wheels turned to the kerb or the gears left in first gear, the van would not move off downhill and would not have killed Mr Mills.”

Defending, Mr Ian Bridge, asked collision investigator PC Andrew House who attended the incident to look at photographs taken from the scene.

Mr Bridge noted four emergency vehicles and two civilian vehicles parked on the hill "had all breached rule 252".

He also asked Mr Bridge to recall a similar incident involving a West Yorkshire Police vehicle where the handbrake was not applied fully and caused a fatality.

Mr Bridge asked: “Was that police officer prosecuted for breaching rule 252?”

PC House replied: “No, I don't think so.”

PC House added he had heard of instances where another type of Volkswagen's parking brake had released spontaneously.

The trial is due to last three days.