The family of a Huntingdon woman whose manslaughter conviction was overturned have decided to speak out today (May 8).
Today at the Royal Courts of Justice, Auriol Grey's manslaughter conviction was overturned after an appeal.
Ms Grey, 50, was jailed in March 2023 after the death of Celia Ward, 77, in Huntingdon.
Celia Ward fell off of her bike and into oncoming traffic after Ms Grey shouted at her to move off of the pavement.
As a result, Ms Grey was convicted of manslaughter and sentenced to three years in jail. Today, she was cleared of the offence.
The court heard that Ms Grey, who attended the hearing, was charged with unlawful act manslaughter – which requires an unlawful action to take place that caused death.
However, her lawyers argued that her conviction was legally flawed, saying that before, deciding if she was guilty of manslaughter, jurors should have been asked to decide whether she was guilty of the “base” offence of common assault.
Adrian Darbishire KC, for Grey said, said she has "gesticulated" at Mrs Ward in a "hostile fashion".
He told appeal judges: "Hostile gesticulation is not a crime, otherwise we would have 50,000 football fans each weekend being apprehended."
Judges Dame Victoria Sharp, Mrs Justice Yip and Mrs Justice Farbey agreed, and said jurors at Cambridge Crown Crown had not been asked to consider the what underlying “unlawful act” or “base offence” Ms Grey had committed.
Dame Victoria said it was “inconceivable” that Ms Grey would have been charged with assault if Mrs Ward had not died.
"Misconceived prosecutions and wrongful convictions such as this cause untold pain to all those affected"
In a statement, Hickman & Rose, Ms Grey's legal team, said: "At about 2.20 pm on Tuesday, 20 October 2020, Auriol Grey was walking along the pavement alongside the main ring road in the centre of Huntingdon. She was then aged 46.
"She was born with brain damage and, as a child, underwent a ‘partial left hemispherectomy’ (an operation that removed part of the left hemisphere of her brain).
"As a result in some respects, now as an adult, she suffered from various physical disabilities and a degree of impaired cognitive function. She was walking slowly, with the road on her left-hand side, as she generally preferred to walk with the road on her left because she had no peripheral vision to her right and had limited use of her right leg and right arm.
"Mrs Ward's decision to cycle on the pavement was entirely understandable"
"Celia Ward, who was then aged 77, was cycling towards Ms Grey on the pavement. It appears that Mrs Ward often cycled on the pavement, where there was no safe cycle lane for her to use. `
"At that time, there was no marked cycle lane alongside the ring road and, so, no designated route along which Mrs Ward could cycle. Mrs Ward’s decision to cycle on the pavement was entirely understandable.
"Ms Grey became aware of Mrs Ward approaching. As the CCTV footage showed, as an autistic disabled woman, with impaired vision, she felt annoyed to have to contend with a cyclist on the pavement as well as other hazards.
"As Mrs Ward continued cycling directly towards her, Ms Grey gesticulated with her left hand in what was described at the trial as a “shooing” motion. At the same time, Ms Grey said loudly, “get off the f****** pavement”. As Mrs Ward came very close to Ms Grey, she toppled into the road and into the path of oncoming traffic.
"Ms Grey simply should never have been charged"
"For reasons which remain unclear, the legal elements of unlawful act manslaughter – the offence with which Ms Grey was charged – were never properly identified, nor were they explained to the jury. As the Court of Appeal found this morning. This was a “fundamental and material” legal error as a result of which the Court had “no hesitation” in concluding that Ms Grey’s conviction was unsafe.
"As the court found, once the legal elements of the offence were properly understood, it was clear that there was no proper basis for Ms Grey to be convicted of manslaughter, or indeed any offence. As a result, her conviction was quashed. Ms Grey simply should never have been charged.
"Neither Mrs Ward's family, nor Ms Grey and hers, should ever have been put through this ordeal"
"Mrs Ward should never have been faced with the choice between cycling on the pavement or cycling on a busy and dangerous ring road.
"Had a clear and well-signed cycle path been in place, safely separating vulnerable pedestrians such as Ms Grey, this accident would never have occurred.
"Equally, misconceived prosecutions and wrongful convictions such as this cause untold pain to all those affected, including the family of the deceased, as well as the person wrongly accused."
"Our thoughts today are also with the Ward family"
Auriol Grey's family have released a statement following her overturned conviction.
They said: "Whilst we welcome the decision of the Court of Appeal, our thoughts today are also with the Ward family and I am a sure a day doesn’t go by when they don’t remember their tragic loss.
"We are very relieved that Auriol’s prison ordeal is over, and we would like to thank for the staff and inmates of HMP Peterborough for the kindness and consideration they have shown over the last year.
"There has been unnecessary and prolonged suffering"
"There has been unnecessary and prolonged suffering and vulnerable people like Auriol need better support from the justice system – we hope lessons will be learnt.
"That said, we have been heartened and gratified by the way the legal community has rallied around her and with no thought to personal gain, worked hard to right these wrongs.
"Auriol’s challenges are not over today. After a tough start she has strived over decades to build a normal life without seeking attention, and we don’t underestimate the difficulties she will face rebuilding this.
"We would ask the people of Huntingdon and the press to please respect her privacy and give her space during this time."
The Crown Prosecution Service (CPS) opposed Ms Grey's appeal.
It had responded to the appeal with its barrister, Simon Spence KC, telling the court it was accepted that "common assault as the base offence was not identified by name".
Asked by the appeal judges what actions could have been deemed common assault if it had been identified, Mr Spence said: "The walking towards the cyclist, the gesticulation with her left arm towards the road and the words, ‘get off the f***** pavement’.
"Those words are capable of turning a gesture and nothing more into an unlawful act."
After the judges had given their ruling, Mr Spence asked for Ms Grey’s case to be sent back to the crown court for a retrial, which was denied.
Celia Ward's family "note" the decision of the court
The family of Celia Ward issued a statement through Cambridgeshire Police, saying that they "noted" the court's decision, but do not wish to say anything.
Recommended Reading: Auriol Grey manslaughter conviction overturned at court
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