Whitlam s Law. Campaign to make drink driving laws apply to vehicles driven on private land

Transcription

1 Whitlam s Law Campaign to make drink driving laws apply to vehicles driven on private land October 2015

2 #WhitlamsLaw Foreword Few people will disagree with the idea that there must be laws governing drink driving. However, for some people, the issue of how much alcohol one can legally consume, as well as the matter of where one can be prosecuted for being in charge of a motor vehicle when over the legal limit, can be a grey area. There will always be advocates for and against zero tolerance levels for drink driving and likewise where a person can be prosecuted with regards to an area being private or public. This has been recently highlighted in the case of my son Harry Whitlam, who died as a result of an accident involving a tractor that was driven on a working farm near Leeds. The driver at the time of the incident was found to be in excess of twice the legal drink drive limit but due to an anomaly in the law escaped public prosecution by the Crown Prosecution Service (CPS) as the accident happened on what was deemed to be private land. The current law states that any person found to be over the legal limit of 35mg of alcohol per 100ml of breath will be prosecuted if found to be driving on a public road or in a public area. Sadly, because my son s accident occurred on private land, the drunk driver was not publically prosecuted. I believe there should be no distinction between private or public land if someone is found to be in charge of a motor vehicle whilst under the influence. By driving in this state they not only endanger the lives of others but also put their own life at risk. It is a sad fact that some law firms pride themselves in exploiting this legal loophole, using it to get drivers acquitted of drink driving offences. It is even more distressing to me when they quote my son s death as an example of how they can beat the legal system. I would much rather see Harry s name used to save people s lives, close this legal loophole and change the law than be used to acquit drivers, leaving them to re-offend. Please lend your support to our campaign - Whitlam s Law to bring about a much needed change to our drink drive laws. Pamela Whitlam Mum of Harry Whitlam 1 Switalskis Solicitors, 19 Cheapside, Wakefield, WF1 2SD

3 Introduction How can it be right that drink driving can take place on private land without risk of being prosecuted by the Crown Prosecution Service? Why is it that such a well-known and established law is in fact flawed in this way? There needs to be a change in the law to help prevent accidents such as the one involving Harry Whitlam. As a driver, I understand that the drink driving laws are not only in place to keep other road users and pedestrians safe, but also to keep me safe. Since being instructed by Harry s family to represent them in relation to legal matters arising from the accident, I have struggled to comprehend the anomaly in drink driving legislation. This anomaly essentially permits drivers who are on private land to be in charge of vehicles whilst under the influence of alcohol. That s why Switalskis are supporting Pamela and the Whitlam family in their campaign to make Whitlam s Law a reality. Claire Vercammen Solicitor to the family The Law The Present Position The Road Traffic Act 1988 is the legislation that governs drink driving law. It also sets out that an offence under the act is only committed where it takes place on a road or other public place. This wording effectively means that if any offence, prescribed by the Road Traffic Act is committed on what is considered to be private land, then a prosecution under the act is unlikely to follow. This is a huge loophole which allows perpetrators of driving whilst under the influence of alcohol to avoid prosecution by the Crown Prosecution Service. From what we can tell, there was never any consideration given to including private land into the provisions of the Road Traffic Act. Indeed, initially the drink driving laws were imposed to regulate and restrict traffic on the highway to reduce public danger. These provisions were only extended to include a public place in It seems the rationale behind not including private land was to avoid infringement of people s liberty on private land. What we want to happen Whitlam s Law is about changing the Road Traffic Act so that the offence of driving whilst under the influence of alcohol or drugs is punishable if the offence is committed on private land, not just public. Switalskis Solicitors, 19 Cheapside, Wakefield, WF1 2SD 2

4 #WhitlamsLaw Harry Whitlam accident circumstances meet up with his friend and also lend a hand with building a wall which was going to house some new meerkats. He went off for a short while, returning to the café accompanied by one of his farm-hand friends and ordered breakfast from his mum that they planned to collect a little later. Accident circumstances Harry Whitlam (died aged 11) Harry died from injuries he sustained after being struck by a reversing farm vehicle. The driver of that vehicle was over twice the legal drink drive limit but could not be prosecuted by the CPS as the accident was deemed to have occurred on private not public land. Background to the accident On the morning of 9 August 2013, Harry joined his mum Pamela at Swithens Farm, just outside Leeds, where she worked in the café kitchen. It is a working farm that has, like many others, diversified into a visitor attraction. Areas of the farm are designated as both private and public, although at the time of the accident the boundaries to these areas were not clearly defined. Harry was a frequent visitor to the farm, more so during the school holidays. He regularly assisted the farm hands with their work, particularly in the petting farm and collecting eggs from the chickens. He was a familiar face and well known to the farm staff and there was another young boy, a friend of Harry s, who helped out in just the same way. Approximately 15 minutes later, the accident occurred. Harry was in the farm yard when he was hit by a slurry trailer being reversed by a tractor. He was badly crushed by one of the large trailer tyres. The West Yorkshire emergency services were called and the Yorkshire Air Ambulance flew Harry to Leeds General Infirmary where, despite the best efforts of the medical staff, he sadly died from his injuries. Swithens Farm has areas which are open to the public and a number of other buildings and animal sheds around the farm yard that are not. The area where the accident took place was deemed to be private. There was a notable lack of signage to advise and alert members of the public that they were entering the working farm. The few barriers present were not permanent and easily moved. Harry was walking across the back of the slurry trailer from right to left when he was struck. He had gained access to this working area of the farm by a route which was not, in any way, cordoned off from the public areas. There are Public Rights of Way across the private areas of the Swithens Farm, including a right of way running not far from the accident location The Inquest into Harry s death revealed no evidence that Harry was running across the farm yard behind the trailer; rather, that he was walking and would have been visible to the driver of the tractor. On the morning of the accident Harry arrived at the farm with his mum first thing. He was keen to 3 Switalskis Solicitors, 19 Cheapside, Wakefield, WF1 2SD

5 Police Investigation The police investigation identified the lack of separation between public and private areas. They reported that upon approaching the scene from Swithens Lane there was no signage or other barrier that would restrict public access to the scene, or inform persons entering from that direction that they are in a non-public area of the farm. In the immediate aftermath of the accident it was also established that the driver of the tractor was almost three times over the drink drive limit when breathalysed at the scene. When tested at the station, he was over double that limit. Inquest 30 th /31 st July 2015 A Jury-led Inquest took place following the accident. This attracted widespread media coverage and in a press statement, the family called for the drink drive laws to apply to anyone in charge of a vehicle, irrespective of where that vehicle is being driven. Evidence was presented by PC Martin Ward, a collision investigator, who confirmed that the view from the cab of the tractor was good and that Harry was there to be seen. He concluded that Harry would have been in the sight of the driver for quite a long time and that it was a very low impact speed. The Coroner also heard evidence that Harry was in an area where there were no notices or barriers that indicated you were approaching private land. Legal Action Switalskis Solicitors have been instructed by Pamela Whitlam to provide legal advice and representation in relation to all legal matters arising from her son s death. The family were represented at the inquest into the circumstances of Harry s death, and continue to receive ongoing legal advice and support from the firm. As at 12th October 2015, there is an ongoing HSE investigation and potential civil case arising from the accident. Switalskis Solicitors, 19 Cheapside, Wakefield, WF1 2SD 4

6 #WhitlamsLaw Support from Brake Support the campaign The change that we are campaigning for won t happen without pressure being placed on the government to take action. You can help by writing to your MP, drawing this issue to their attention and asking for their support to this campaign. Sarah Fatica, director of victim support at Brake, said: Families of those who are killed and injured in road crashes suffer immeasurable pain and trauma. Loopholes in legislation, such as the inability to prosecute drivers who kill and maim on private roads, add significantly to a family s suffering and sense of injustice. It is abhorrent that in 2015, someone driving when more than twice over the drink drive limit can kill an eleven-year-old boy and yet escape prosecution on a technicality. Legislation needs to change so that drivers, like Green, who choose to get behind the wheel drunk are held accountable for their actions. Our thoughts remain with Harry s family and friends at this difficult time. A copy of a sample letter you can send can be found at the end of this report. We can send you the template letter if you [email protected] Show your support by following and contributing towards the campaign via using the hash tag #WhitlamsLaw Share your thoughts with us via our Facebook page If you d prefer to us privately and directly, you can do so either via the contact page of our website or [email protected] 5 Switalskis Solicitors, 19 Cheapside, Wakefield, WF1 2SD

7 Sample Letter Sample letter to send to your MP The Rt Hon [Insert name of your local MP] MP House of Commons London 1 st October 2015 Dear Sir/Madam, Re: Whitlam s Law - Campaign calling for a change in the drink driving law to apply to vehicles being driven on private land I am supporting the bereaved family of Harry Jay Whitlam, an 11-year-old boy who was tragically killed on the morning of 9 th August 2013, when he was struck by a farm vehicle. At the time of the accident Harry was in the farm yard of Swithens Farm, Rothwell, Leeds. This is a working farm that is also open to the public. A police investigation revealed that the driver of the tractor was over twice the legal drink drive limit. However, he could not be prosecuted because the accident took place on private, rather than public land. Under the Road Traffic Act 1988, a public prosecution can only take place if the accident takes place on a road or other public place. Harry s accident highlights a legal anomaly and injustice which should be changed. I believe that there should be a change in the law so that it is illegal for anyone to drive a vehicle whilst under the influence of alcohol, wherever that vehicle is being driven. I invite you to support the campaign for Whitlam s Law, and call for an amendment to the Road Traffic Act to help prevent this type of accident from occurring in the future. I look forward to hearing from you. Yours sincerely Switalskis Solicitors, 19 Cheapside, Wakefield, WF1 2SD 6

8 #WhitlamsLaw Switalskis Solicitors 19 Cheapside Wakefield WF1 2SD Tel: Fax: DX: Wakefield Switalskis Solicitors is a trading name of Switalskis Limited, a Company registered in England and Wales. Registered Number: VAT Number: Switalskis Limited is authorised and regulated by the Solicitors Regulation Authority. A list of the names and professional qualifications of our Directors is available from our Registered Office: 19 Cheapside, Wakefield WF1 2SD. 7 Switalskis Solicitors, 19 Cheapside, Wakefield, WF1 2SD