Penge crash: Police driver posed clear risk to public, court hears

Rozanne Cooper, 34, and her nephew Makayah McDermott, 10, died in Penge on 31 August 2016

A Met Police officer is on trial charged with causing the deaths of a 10-year-old boy and his aunt.

PC Edward Welch, 34, from Chatham, Kent, is alleged to have been driving dangerously while chasing a stolen car in south-east London.

Rozanne Cooper, 34 and child actor Makayah McDermott were run over as they walked along a pavement in Penge in August 2016.

A second child was badly injured in the crash, the Old Bailey heard.

PC Welch, who was the driver of a marked police BMW vehicle that was pursuing the stolen car, is accused of engaging in an "inappropriate" chase and of continuing the pursuit when this posed a "clear risk" to other users and pedestrians.

Opening the prosecution case, Duncan Atkinson KC said the officer's driving "fell well below acceptable standards" by reaching excessive speeds during the six-minute chase, including when crossing junctions and roundabouts and travelling the wrong side up one-way roads and through no-entry signs.

This "created and perpetuated a high level of very serious risk for a prolonged period," said the prosecutor.

The court heard the vehicle that was being chased was a Ford Focus that had been stolen six days earlier and was being driven by a man called Joshua Dobby.

He eventually lost control of the car on Lennard Road, crashing intro a bollard and crushing the three victims under the car.

Dobby was later convicted of two counts of manslaughter by gross negligence and one count of causing serious injury by dangerous driving.

Makayah McDermott was described as "a bright star with a bright future"

Mr Atkinson said this case was not about Dobby, but about the actions of the chasing car which, the court heard, had caused Dobby to start driving in a way that was "obviously and significantly dangerous".

At the time of the crash, PC Welch was an advanced driver qualified to carry out police pursuits.

He and his passenger, PC Jack Keher, had identified the Ford Focus was stolen and wanted to speak to the driver.

When PC Welch activated his blue lights and siren the stolen car accelerated away, the court heard.

Mr Atkinson said: "From that moment on it is clear the Ford Focus was trying to get away from, rather than to stop for, the police car and that whilst the police car continued to chase the stolen car it would drive in a dangerous manner in a determined effort to escape it."

The pursuit took place on both major and minor roads, the court heard.

The police car was in contact with the Met Police control room throughout, which was told that the risk posed by the chase was "low", the Old Bailey was told.

Rozanne Cooper was Makayah's aunt

"On any sensible analysis the risk posed by the pursuit, taking account of the driving of both vehicles, was at a higher level of risk," said Mr Atkinson.

"The prosecution case here is that Welch engaged in a chase where to do so was inappropriate, and, more importantly, persisted in that chase when it should have been clear that this was disproportionate and posed a clear risk to other road users and pedestrians.

"This was not a police officer heading to an emergency, let alone an emergency involving a risk to life.

"Rather, all he wanted to do was to speak to the driver."

The court heard that when other officers had come across the same stolen car a few days earlier they had chosen to disengage from a chase.

PC Welch denies two counts of causing death by dangerous driving and one count of causing serious injury by dangerous driving and an alternative charge of dangerous driving.

The trial, which is expected to last two weeks, continues.

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