Mother requests Judicial Review of the Crown Prosecution Service

By David Greenwood, Solicitor and Head of Child Abuse Department

Ms Linda Hawker recently requested Judicial Review of the Crown Prosecution Service to request that the man driving the car her son was killed in be brought before the court on a charge of dangerous driving. 

Ms Hawker’s son, Daniel Atkinson, was just 17 years old when he was killed on January 29th 2006, alongside Jade Rice. The pair were in a car being driven by Mohammed Tanwir when they crashed into a tree and a lamppost in Bradley, Huddersfield. Mr Tanwir was a live-in carer, who was allegedly driving at double the speed limit. The Huddersfield Examiner report that a coroner ruled that they were unlawfully killed.

The original charge against Mr Tanwir was dismissed after a late defence expert report stated that there was no evidence to suggest that he was not sticking to the speed limit of 40mph. 

After seeking further evidence into the speed Mr Tanwir was travelling, the application for a bill of indictment was dismissed in a brief decision by a High Court Judge. Ms Hawker argues that the law has moved on and a more detailed accident reconstruction report is available. She will present an oral hearing to the Royal Courts of Justice, which if successful will lead to a full hearing on whether Mr Tanwir should be brought back to court for causing death by dangerous driving. 

Head of the Switalskis Child Abuse department, David Greenwood, helped Ms Hawker prepare her case. David stated that there is new evidence in regard to the speed that Mr Tanwir was driving in 2006, evidence which was not available at the first prosecution. He has also expressed how awful it is that Ms Hawker will have to represent herself at the oral hearing due to the expiration of legal aid.