Birmingham Bus Driver Cleared of Killing by Dangerous Driving

By Dbs Law, PRNE
Wednesday, March 9, 2011

BIRMINGHAM, England, March 10, 2011 - A West Midlands Travel bus driver, Zahoor Khan, was today, 10th March
, found not guilty of causing death by careless driving at Birmingham
Crown court when the prosecution had to abandon the case.

Mr Khan had been charged with causing death by careless driving after an
accident on 15th Jan 2010, in which Mr Gary Brien (43) from Longbridge in
Birmingham was killed.

Mr Brien, the court heard, had been drinking for several hours during
the afternoon and evening celebrating the end of a two week stint on jury
service before catching a bus home at around 8.30pm. The bus was driven by Mr

Mr Brien got off the number 61 bus to Frankley near the Dingle Social
club stop in New Street after realising he was on the wrong bus. He was seen
to get off the bus and for a fleeting glimpse in the front windscreen by a
passenger before the bus moved off.

The prosecution case against Mr Khan relied on the assertion that the
driver should have noticed Mr Brien before moving off. The police
investigating officer had found cleaning marks on the front of the bus only
below the level of the windscreen. Following the evidence in court, the
prosecution were obliged to accept the defence expert evidence that indicated
that Mr Brien had already fallen when the bus hit him and was consequently
out of sight when the driver was making his routine mirror checks before

After the prosecution had indicated that it could not proceed, the judge
directed the jury to enter a not guilty verdict.

The solicitor representing Mr Khan, Louis Carter, of DBS Law, said

"This was the only verdict possible in a case where no substantive
evidence was offered by the prosecution to suggest our client was at fault.
The evidence that suggested our client's innocence was available from
immediately after the accident. There are serious questions to be asked as to
how this prosecution was in the public interest.

Mr Khan has asked me to express his sympathy for Mr Brien's family for
their loss. He has also asked me to thank Unite, his union, and Travel West
Midlands, his employers for their support.

This was tragic accident that has affected Mr Khan deeply and this case
which has dragged on for over a year has unnecessarily added to his ordeal
and to the suffering of Mr Brien's family."

Further information contact Richard O'Brien +44(0)7969-274-298

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