Southend former police chief Andrew Down's family 'saddened'

Retired Essex Police chief inspector Andrew Down died following a crash involving an Iveco tipper lorry, which was being driven by Charles Wilkinson, on a roundabout just off the A14 at Trimley St Martin on November 26, 2020. 

Following a four-day trial at Ipswich Crown Court, Mr Wilkinson, 36 and of Queen’s Road in Felixstowe, was cleared of causing death by careless driving by a jury. 

Andrew Down died after a crash near Felixstowe in 2020 (Image: Supplied by the family)

Speaking after the verdict, Mr Down’s daughters Emily Mansfield and Cadie Fryer said in a statement: “We are saddened by the verdict.

"We have waited four long years to get justice for our dad and for the driver to not be held responsible feels very unfair.

“Our dad Andrew, was such a big figure in the community and leaves an incredible legacy. He was the fittest man we knew and had so much more life left to live.

"He gave so much to so many, but his real joy was his family, he was a doting grandad to his three grandchildren and a loving partner to Linda. We miss him more than words can say.

The family of Mr Down said they were saddened by the outcome of the case (Image: Supplied by the family)

“To lose him in such horrific circumstances was painful enough, but to have the court case hanging over us for so long has added significantly to our trauma and we have felt throughout as if more consideration was given to the accused than to us, the victim’s family.

“We hope that the Crown Prosecution Service will take this on board and lessons will be learned so that others who have lost loved ones in such a brutal way can be spared the same distress."

Laura Swaine, a personal injury solicitor at Osbornes Law, which represented the family in a civil action which has now settled, added: “This is clearly not the outcome my clients had hoped for and coming after such a long wait is truly devastating.

"Accidents like this should not happen and I hope, at the very least, that this prompts businesses and individuals who operate such heavy vehicles to take extra care and review driver training to improve safety on our roads.”

During the trial, Nicholas Bleaney, prosecuting, said Mr Wilkinson hadn't seen Mr Down, who was wearing a bright yellow high vis jacket, until the “very last minute”.

Mr Down died in Addenbrooke's Hospital three days after the crash (Image: Supplied by the family)

The jury was shown dashcam footage from the lorry that showed Mr Down being hit by the lorry and rolling down the road after coming off his bike. 

Mr Down was airlifted to Addenbrooke's Hospital, but died three days later. 

Mr Bleaney told the jury that prosecution and defence experts were in agreement that the lorry Mr Wilkinson was driving had three blind spots.

However, Mr Bleaney said that Mr Wilkinson should and could have been in a position to see Mr Down by moving his head around.

While giving evidence, Mr Wilkinson told members of Mr Down's family who were present in the courtroom that he was "deeply sorry for what happened” and described it as “a one in a million accident”.

It took the jury 40 minutes to clear him of the charge of causing death by careless driving.