A judge has called for a coroner to investigate how a seriously unfit diabetic driver, who caused the tragic deaths of two popular and much-loved motorcyclists, came to be allowed to hold a driving licence.was discharged after the court heard that, because of his complex medical needs, he was unfit to enter pleas and to face trial.
David Hemingway, 36, was suffering from a low blood sugar level and was in an "automaton" mode when his car ploughed into the two motorcycling friends as he was travelling towards Garrowby Hill in 2019. His case was halted at Hull Crown Court and he
Mr Hemingway, of Main Street, Bishop Wilton, north of Pocklington, had been charged with causing the deaths of Michael Midgley, 65, of Hensall, west of Goole, and Geoffrey Toase, 64, of Linton-on-Ouse, near York, by dangerous driving on August 3, 2019.both directions for several hours.
The collision happened on a stretch of the A166 between the junctions of The Balk and Barf Lane. Mr Hemingway was driving a silver VW Polo and the motorcyclists were travelling in the opposite direction. Following the collision, the road was closed in
Defence barrister Sarah Barlow told the court that, following medical reports, it had previously been decided that Mr Hemingway was not fit to enter pleas to the charges. Miss Barlow previously said that Mr Hemingway's own doctor had said that therewere doubts about whether he should have been driving because of medical factors and medication.
It had been previously agreed by the prosecution and defence that Mr Hemingway was not aware of his blood sugar levels dropping and it was agreed that he was not at fault for that. He was unaware that the hypoglycemia was "creeping up on him" at thetime.
Prosecutor Richard Thyne KC previously said that the issue was whether the prosecution could prove that Mr Hemingway failed to take all reasonable steps to prevent an "attack" of low blood sugar levels that caused the fatal accident and whether he didthat through failing to test his glucose levels. Mr Thyne told a resumed hearing that there was insufficient evidence to prosecute the case.
Judge Mark Bury said: "I can't conceive of any circumstances where the defendant could be tried."
Mr Hemingway had been behind the wheel of a car which was in collision with two motorcycles, "leaving two men dead" after the accident. "Undoubtedly, he was responsible for that," said Judge Bury. "He is not, in fact, legally responsible."
Judge Bury asked how it was that the DVLA granted Hemingway a driving licence. "The doctor had significant reservations, to say the least, about the defendant's then fitness to drive in 2016, yet the DVLA granted the defendant a licence," he said.
The matter should be investigated by a coroner at an inquest, the judge said. "I can't direct one," he added. "But for the presence of a licence, he would not have driven. He should not have had one.
"It should be investigated at another venue. These proceedings are now at an end. The outcome is inevitable."After leaving, he worked with his father on their farm.
Mr Hemingway appeared in the dock, but he took no part in the proceedings and was discharged. He had not been present at earlier hearings.
At a much earlier hearing before Hull Magistrates' Court in late 2021, Mr Hemingway appeared in court via a video link, assisted by his father, but he had been excused from attending the later hearings.
'Wonderful husband, father, grandpa'
After the case, the families of Mr Midgley and Mr Toase both paid tribute to them. The family of Mr Midgley said: "Michael was born in Wigginton, near York, into a farming family. He moved to Hensall, near Goole, in 1963 and attended Snaith High School.
"At 28, he worked as a corn buyer for the corn merchants, Campbell and Penty, for over 36 years. He retired in 2018 and was looking forward to spending quality time with his family, particularly his grandson, who was born that year.with love."
"Michael was a wonderful husband, father and grandpa. Family was everything to him, as well as his enormous love of motorbikes, which he had been riding for over 50 years non-stop. He was a very experienced rider.
"Michael went out for a ride with his friends on August 3, 2019, and never came home. He was taken from us suddenly and so unfairly through no fault of his own. It has been a long and heartbreaking court process with no real justice for Michael.
"We strongly hope that some recommendations come out of the inquest to avoid this happening to other families in the future. Losing Michael has left a massive hole in our lives and he is missed more than words can say."
The family of Mr Toase said: "Geoff Toase was local to the York area and was a true Yorkshireman. He was brought up by his grandparents and cared for them in their old age.
"He worked until his retirement for the Environment Agency, where he was a well-liked and very respected crane and plant driver. He cared deeply for the wildlife and countryside.
"Geoff was a popular character, who made friends easily and embraced life to the full. His first love was motorbikes and he bought his first bike at the age of 17.
"He was a regular at the Milk Bar at Sherburn in Elmet, where he first met Mike and they became firm friends, often riding out together, but they also enjoyed holidays touring Europe. Geoff is still sadly missed by everyone who knew him and remembered
https://www.hulldailymail.co.uk/news/hull-east-yorkshire-news/double-death-motorcyclists-hull-judge-8634875?int_source=nba
QUOTE: David Hemingway unfit to stand trial over deaths of Michael Midgley and Geoffrey Toase near Garrowby Hill. ENDS
"Unfit" to stand trial in court, but fit enough to be in charge of a killing machine at speed that left two men dead?
Pathetic!
A judge has called for a coroner to investigate how a seriously unfit diabetic driver, who caused the tragic deaths of two popular and
much-loved motorcyclists, came to be allowed to hold a driving licence.
David Hemingway, 36, was suffering from a low blood sugar level and was
in an "automaton" mode when his car ploughed into the two motorcycling friends as he was travelling towards Garrowby Hill in 2019. His case was halted at Hull Crown Court and he was discharged after the court heard
that, because of his complex medical needs, he was unfit to enter pleas and to face trial.
Mr Hemingway, of Main Street, Bishop Wilton, north of Pocklington, had
been charged with causing the deaths of Michael Midgley, 65, of Hensall,
west of Goole, and Geoffrey Toase, 64, of Linton-on-Ouse, near York, by dangerous driving on August 3, 2019.
The collision happened on a stretch of the A166 between the junctions of
The Balk and Barf Lane. Mr Hemingway was driving a silver VW Polo and the motorcyclists were travelling in the opposite direction. Following the collision, the road was closed in both directions for several hours.
Defence barrister Sarah Barlow told the court that, following medical reports, it had previously been decided that Mr Hemingway was not fit to enter pleas to the charges. Miss Barlow previously said that Mr
Hemingway's own doctor had said that there were doubts about whether he should have been driving because of medical factors and medication.
It had been previously agreed by the prosecution and defence that Mr Hemingway was not aware of his blood sugar levels dropping and it was
agreed that he was not at fault for that. He was unaware that the hypoglycemia was "creeping up on him" at the time.
Prosecutor Richard Thyne KC previously said that the issue was whether
the prosecution could prove that Mr Hemingway failed to take all
reasonable steps to prevent an "attack" of low blood sugar levels that
caused the fatal accident and whether he did that through failing to test
his glucose levels. Mr Thyne told a resumed hearing that there was insufficient evidence to prosecute the case.
Judge Mark Bury said: "I can't conceive of any circumstances where the defendant could be tried."
Mr Hemingway had been behind the wheel of a car which was in collision
with two motorcycles, "leaving two men dead" after the accident. "Undoubtedly, he was responsible for that," said Judge Bury. "He is not,
in fact, legally responsible."
Judge Bury asked how it was that the DVLA granted Hemingway a driving licence. "The doctor had significant reservations, to say the least,
about the defendant's then fitness to drive in 2016, yet the DVLA granted
the defendant a licence," he said.
The matter should be investigated by a coroner at an inquest, the judge
said. "I can't direct one," he added. "But for the presence of a licence,
he would not have driven. He should not have had one.
"It should be investigated at another venue. These proceedings are now at
an end. The outcome is inevitable."
Mr Hemingway appeared in the dock, but he took no part in the proceedings
and was discharged. He had not been present at earlier hearings.
At a much earlier hearing before Hull Magistrates' Court in late 2021, Mr Hemingway appeared in court via a video link, assisted by his father, but
he had been excused from attending the later hearings.
'Wonderful husband, father, grandpa'
After the case, the families of Mr Midgley and Mr Toase both paid tribute
to them. The family of Mr Midgley said: "Michael was born in Wigginton,
near York, into a farming family. He moved to Hensall, near Goole, in
1963 and attended Snaith High School. After leaving, he worked with his father on their farm.
"At 28, he worked as a corn buyer for the corn merchants, Campbell and
Penty, for over 36 years. He retired in 2018 and was looking forward to spending quality time with his family, particularly his grandson, who was born that year.
"Michael was a wonderful husband, father and grandpa. Family was
everything to him, as well as his enormous love of motorbikes, which he
had been riding for over 50 years non-stop. He was a very experienced rider.
"Michael went out for a ride with his friends on August 3, 2019, and
never came home. He was taken from us suddenly and so unfairly through no fault of his own. It has been a long and heartbreaking court process with
no real justice for Michael.
"We strongly hope that some recommendations come out of the inquest to
avoid this happening to other families in the future. Losing Michael has
left a massive hole in our lives and he is missed more than words can say."
The family of Mr Toase said: "Geoff Toase was local to the York area and
was a true Yorkshireman. He was brought up by his grandparents and cared
for them in their old age.
"He worked until his retirement for the Environment Agency, where he was
a well-liked and very respected crane and plant driver. He cared deeply
for the wildlife and countryside.
"Geoff was a popular character, who made friends easily and embraced life
to the full. His first love was motorbikes and he bought his first bike at the age of 17.
"He was a regular at the Milk Bar at Sherburn in Elmet, where he first
met Mike and they became firm friends, often riding out together, but
they also enjoyed holidays touring Europe. Geoff is still sadly missed by everyone who knew him and remembered with love."
https://www.hulldailymail.co.uk/news/hull-east-yorkshire-news/double-death-motorcyclists-hull-judge-8634875?int_source=nba
QUOTE: Judge Bury asked how it was that the DVLA granted Hemingway a driving licence. "The doctor had significant reservations, to say the least, about the defendant's then fitness to drive in 2016, yet the DVLA granted the defendant a licence," hesaid. ENDS
The driver was at fault for not declaring the severity of his disability.
On Saturday, July 29, 2023 at 9:18:54 AM UTC+1, swldx...@gmail.com wrote:said. ENDS
QUOTE: Judge Bury asked how it was that the DVLA granted Hemingway a driving licence. "The doctor had significant reservations, to say the least, about the defendant's then fitness to drive in 2016, yet the DVLA granted the defendant a licence," he
The driver was at fault for not declaring the severity of his disability.
When I was in hospital for 4 months, I got a letter from the DVLA banning me from driving until my GP checked me out a year later.
QUOTE: Judge Bury asked how it was that the DVLA granted Hemingway a driving licence. "The doctor had significant reservations, to say the least, about the defendant's then fitness to drive in 2016, yet the DVLA granted the defendant a licence," hesaid. ENDS
The driver was at fault for not declaring the severity of his disability.
On Saturday, July 29, 2023 at 9:18:54 AM UTC+1, swldx...@gmail.com wrote:said. ENDS
QUOTE: Judge Bury asked how it was that the DVLA granted Hemingway a driving licence. "The doctor had significant reservations, to say the least, about the defendant's then fitness to drive in 2016, yet the DVLA granted the defendant a licence," he
The driver was at fault for not declaring the severity of his disability.When I was in hospital for 4 months, I got a letter from the DVLA banning me from driving until my GP checked me out a year later.
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