A paramedic who was on an emergency call when he was involved in a crash after which a Bradford pensioner died will not face charges, the Crown Prosecution Service has ruled.
David Forsyth, 67, was driving through a green light at a blind junction between Arkwright Street and Dick Lane, Bradford, when the accident, involving a fast response ambulance car, happened last August.
Mr Forsyth, of Tyersal Court, Tyersal, Bradford, was cut free by firefighters and taken to Bradford Royal Infirmary with two fractures to his neck but died of pneumonia ten days later at Pinderfields General Hospital.
The CPS said yesterday that its decision not to prosecute the ambulance driver had been taken after a “careful review” of all the evidence provided by West Yorkshire Police which conducted a “thorough” investigation.
But Mr Forsyth’s niece, Catherine Wilson, of East Morton, and her husband David have spoken of their dismay at the ruling as they believe the paramedic’s driving was at fault.
Mr Wilson said: “If he (the paramedic) is taken to court and found not guilty then fine, but just not to let him be reprimanded is ludicrous.”
Mrs Wilson, who was given in marriage by her uncle, added: “We haven’t had one phone call, one card, nothing from the ambulance service.”
The Wilsons said the CPS had told them that proving Mr Forsyth died as a result of the accident could be difficult as he had refused some medical treatment.
But Mr Wilson said he took all treatment offered to him in hospital, only refusing to be put on a life support machine when his condition deteriorated.
Mr Wilson said: “He was told there was only a slim chance he would be able to come off it and he didn’t want to live like that. He changed his mind about it but by then it was too late for him to be put on one.”
In a statement, a CPS spokesman said: “The CPS understands the devastating consequences for families and friends when someone loses their life in a road traffic accident, and we offer our sincere condolences to Mr Forsyth’s family. West Yorkshire Police provided the CPS with a full file of evidence following a thorough investigation. We carefully reviewed all that evidence and reached a decision that the ambulance driver should not be prosecuted.
“Members of the emergency services do not enjoy any special exemption from prosecution when responding to emergency calls: they owe the same duty of care as a member of the public.
“Nevertheless, when a member of the emergency services commits an offence while responding to an emergency call, we have to decide whether or not a prosecution is needed in the public interest.
“The national guidance that we follow says that it will not be in the public interest to prosecute members of the emergency services answering a genuine emergency, unless the driving is dangerous or indicates a high degree of blame-worthiness.
“In each case we must weigh all the circumstances including the nature of the emergency perceived by the driver and the nature of the driving. We cannot comment on the evidence in this case in detail, as this may prejudice the Coroner’s inquest. However, we did not believe the driving in this case was dangerous and so we are satisfied that the correct charging decision has been taken.
“The CPS is also committed to informing members of the family of decisions that we make and providing an explanation for those decisions. We have already written to Mr Forsyth’s family and explained our decisions to them. We are also in the process of arranging a meeting so that we can provide them with a face-to-face explanation and clarify any issues that still concern them.”
A Yorkshire Ambulance Service NHS Trust spokesman said: “The Trust has co-operated fully with the police and has noted the outcome of the Crown Prosecution Service investigation. We would like to offer our sincere condolences to the family and friends of Mr Forsyth for their sad loss. Now the CPS investigation has been concluded we will be in touch with the family directly.”
e-mail: hannah.baker @telegraphandargus.co.uk
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