Judge queries lesser charge in hit-and-run death case

A JUDGE has questioned why a hit-and-run car driver was only charged with lying to police in spite of knocking down and killing a teenage pedestrian. Driver Brett Kingsley, 25, appeared before a judge three years after he hit 18-year-old Adam O'Toole as he crossed a Huddersfield road.

Prosecutors said there was not enough evidence to charge him with

causing death by dangerous driving and so he was charged with perverting the course of justice for lying about how the car was damaged.

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Kingsley was driving his mother's Rover 200 when he hit Adam in New Hey Road, Salendine Nook, on March 6 2007. The promising rugby player died at the scene.

Kingsley drove home, telling his mother the car had been damaged while parked. He made a false report to police and an insurance firm which paid out on the written-off car.

In February this year a tip-off led police to Kingsley's house in Cecil Street, Oldham. Shaking and crying, he admitted his involvement, telling police: "It's me; I panicked. It was an accident."

At Bradford Crown Court, Judge Alastair McCallum yesterday questioned the decision to charge him with perverting the course of justice, which Kingsley had admitted.

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Prosecutor Dave Mackay said Kingsley's driving was considered by experts to be careless, rather than dangerous. He will be sentenced tomorrow.

After the case, Malcolm Christy, of the CPS, said prosecutions for driving without due care and attention could only start within six months of an incident.

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