The parents of Huddersfield schoolgirl Katelyn Dawson, who was killed in a road traffic crash six years ago, have been told an inquest into her death will go ahead next week.
Angela and Colin Dawson, whose 15-year-old daughter was killed when she was hit by a BMW as she waited at a bus stop in Moldgreen, had asked for the inquest to be delayed to allow them to get another barrister after their own had to withdraw for personal reasons.
But the Huddersfield couple have now been told by a senior coroner that the case will not be adjourned, with several reasons cited, including the time and effort it has taken to identify an eight-day period for the inquest to take place.
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Senior coroner Martin Fleming has told Angela and Colin that, while he has considerable sympathy for the family’s situation, the hearing will go ahead as planned. He said families were often unrepresented in coronial proceedings and the court had the benefit of counsel (a lawyer) to ensure all relevant questions are put to witnesses.
Angela and Colin said it was ‘appalling’ that the hearing couldn’t be delayed for a few months.
(Image: Dawson family)
Angela said: “We are devastated that the inquest is going ahead. We had asked for it to be relisted because the barrister withdrew at the last minute due to a change in her personal circumstances. But the Coroner had refused the request.
“This means all the parties, including the Coroner, the driver and the driver’s representative will have legal representation.
“It seems wrong that Katelyn and her family are being denied that opportunity. We have questions, that only her family would ask, and these need to be presented in a legal way. We are not legally trained. We have had to wait over six years to get to this point due to delays in the justice system. So it’s appalling that they will not delay it a few months to enable us to get a replacement barrister.”
In a letter to the family and other parties, Mr Fleming outlined the reasons for his decision not to delay the hearing, which is due to open on April 3.
The coroner said he had to be fair to all parties, including Richard Brooke, who was driving the BMW.
In a letter, Mr Fleming added: “This investigation has been a prominent feature in his life for several years and he has the reasonable expectation of having this matter concluded at the upcoming listed inquest.”
The coroner said he would ensure that all appropriate questions are asked and all relevant lines of enquiry are explored.
He wrote: “Coronial proceedings are inquisitorial, not adversarial. It is the Coroner who calls the evidence, leads the questioning, and makes the necessary determinations in compliance with the law. Further, an inquest is a fact finding rather than fault-finding hearing.”
Mr Fleming said he was used to adapting the court process to ensure that unrepresented parties are able to fully engage, adding: “The family still have the right to ask proper and relevant questions.”
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He said that the length of time that has passed since Katelyn died “is far from ideal” and the “evidence of eyewitnesses is unlikely to improve and indeed is likely to deteriorate with a further delay.”
Mr Fleming said that Katelyn’s family had been extensively involved in this coroner’s investigation, with the assistance of legal representatives.
“The family contributed to the police investigation, have been in regular contact with my office, and have attended two pre-inquest review hearings where they were represented by Counsel who made submissions on their behalf. This has led to further documentation, witness evidence, and expert evidence being obtained.
“Therefore the family have engaged in the process and already influenced the direction of my investigation.”
Mr Fleming said the scope of his inquiry is limited to finding out how – meaning by what means – Katelyn came by her death.
Angela and Colin have fought a long campaign for justice for their daughter. They wanted the BMW driver to be prosecuted, however the Crown Prosecution Service declined to do so after hearing evidence that he had fainted before the BMW mounted the pavement and collided with people waiting at a bus stop.
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