Pensioner accused of causing death by careless driving of baby Louis Thorold in Waterbeach found not guilty by reason of insanity
A woman accused of causing a crash which killed five-month-old baby Louis Thorold at Waterbeach has been found not guilty by reason of insanity due to her atypical Alzheimer’s.
A jury at Cambridge Crown Court decided Shelagh Robertson, 74, had drove carelessly and that this driving had caused the death of Louis Thorold on the A10 Ely Road at Waterbeach on January 22 last year, but the cause of the careless driving was due to her illness.
Mrs Robertson was turning right into Car Dyke Road at about 3.50pm in a grey Mazda 2 when she went straight into the path of an oncoming Renault Master van.
The van mounted a pavement and struck Rachael Thorold, 36, of Gibson Close, Waterbeach, and the buggy in which she was pushing Louis. She was seriously injured while Louis was declared dead at 5.15pm at Addenbrooke’s Hospital in Cambridge.
Mrs Robertson and the driver of the van suffered slight injuries and remained at the scene.
Judge Mark Bishop told jurors that to return a special verdict of not guilty by reason of insanity they must be satisfied, on the balance of probabilities, Robertson had dementia at the time and either did not know what she was doing or did not know that what she was doing was wrong.
He said that this “doesn’t include a momentary failure to concentrate”.
Jurors found Robertson not guilty of causing death by careless driving through reason of insanity on Friday (August 12) following seven hours and three minutes of deliberations.
The defendant, who sat beside her solicitor and a family member in the well of the court, used a hearing loop to listen to the jury foreperson read out the verdict.
Robertson, of Stables Yard, Waterbeach, appeared expressionless as the verdict was returned.
Louis’s parents Chris and Rachael Thorold, who sat in the public gallery, looked down at the floor, with Mr Thorold shaking his head.
James Leonard, defending, told the trial it was “obvious” Robertson’s driving “fell below the standard of a reasonable and competent driver”.
But he said that Robertson was “ill-equipped to negotiate” the junction due to her dementia, and she was unaware of this as she was undiagnosed at the time.
“She’s trying to be safe but she just doesn’t have the presence of mind to be safe,” Mr Leonard said.
Prosecutor David Matthew said in his closing speech: “There’s no doubt here that Shelagh Robertson is suffering from a form of dementia and was suffering from it in January 2021.”
He said that an MRI scan of Robertson’s brain which showed shrinkage of a part of the brain associated with memory and language, taken in September or October of last year, is “strong evidence of that”.
But he raised the question of “where on the slope of dementia Shelagh Robertson was in January 2021”.
“It’s not just a question of whether someone has dementia, it’s a question of how bad is it,” he said.
Detective Sergeant Mark Dollard, from the road policing unit, said after the verdict: “This was an extremely tragic and sad incident and our deepest condolences go out to Louis’ family.
“We carried out a thorough and exhaustive inquiry, however, regardless of the verdict nothing will ever bring Louis back and his family will have to live with that for the rest of their lives.
“It is however, a stark reminder of how important it is for anyone who gets behind the wheel of a vehicle to be competent and capable of driving safely. I would urge anyone who is concerned about a family member or friend and their ability to drive to speak up, discuss your concerns with your loved one or alternatively speak to your GP who can submit their concerns to the DVLA.
“Alternatively report it to the police or visit GOV.UK - Drivers Medical (dvla.gov.uk) for further guidance.”
Addtional reporting by Sam Russell and Luke O’Reilly, PA
