Driver of car that killed boy on M62 'not at fault'

Callum Rycroft was struck by a car while crossing the M62 near Huddersfield

A man driving a car that struck and killed a 12-year-old boy is not responsible for his death, a court heard.

Callum Rycroft died on 5 August last year while he and his father, Matthew Rycroft, crossed the M62 in West Yorkshire on foot.

Mr Rycroft was jailed for 10 years in November after admitting his son's manslaughter.

However, prosecutors allege the car driver, Shahid Ilyas, continued to drive after hitting the boy despite the damage to his vehicle. Mr Ilyas denies one charge of dangerous driving.

"The prosecution does not say that he is responsible for his death," prosecutor Michael Smith said.

"He couldn't have expected a pedestrian to be crossing the M62 or could have reacted to avoid a collision."

However, Mr Smith told a jury at Bradford Crown Court that Mr Ilyas, 48, continued to "drive his vehicle for a couple of miles despite the fact that his vehicle had significant damage".

The jury was told that the car Mr Ilyas, of Moorfield Chase in Farnworth, Bolton, was driving had sustained "significant damage" to its windscreen.

"You simply can't drive a car safely in that condition," Mr Smith said.

Opportunities to stop

The collision happened on a stretch of the M62 defined as a smart motorway where there is no hard shoulder, the jury heard.

But Mr Smith said My Ilyas had plenty of opportunities to stop, as he continued to drive when the hard shoulder was back in use, as well as passing a lay-by and an Esso petrol station.

"He didn't pull over until he got to a garage," Mr Smith said.

"The defendant then called the company from whom he hired the car from.

"He didn’t contact the police until the next day through his solicitor."

The prosecution summarised by telling the jury: "We accept that the defendant didn't kill Callum.

"But he should not have driven on in the manner that he did."

The trial continues.

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