Death crash policewoman escapes prosecution for being on mobile phone... because it was on her lap

A policewoman who repeatedly denied that she was talking on her mobile phone to her lesbian lover when she caused a fatal crash has escaped prosecution.
Despite a police investigator saying that Collette Carpenter ‘very likely contributed’ to the accident, the Crown Prosecution Service said there was no evidence she had committed an offence because the phone was on her lap and set to loudspeaker.
Miss Carpenter, 23, a special constable who has handed out at least six fixed penalty fines to motorists for using their mobile phones while driving, was talking to girlfriend Rosemary Bonny when she drove into the path of David Bartholomew’s motorcycle, an inquest heard.
The father of two died hours later of horrific head injuries and multiple fractures.
When interviewed by police, Miss Carpenter repeatedly lied and said she was not on her phone.
She later said she briefly took a call before admitting she had been on the phone for the entire journey, but had had it on the loudspeaker in her lap.
Experienced motorcyclist Mr Bartholomew, 54, of Bere Regis, Dorset, was riding his Honda CBF1000 east along the A31 at 7.20am on March 20 last year when Miss Carpenter – who was off-duty – pulled out of a side road in Ferndown to go west in her Peugeot 206.
Witnesses said no one had been breaking the speed limit, but Miss Carpenter, of Colehill, Wimborne, said she had not seen Mr Bartholomew until the collision.
Miss Carpenter, who has been with Dorset Police for three years, has completed a police driving course.
PC John Hayward, Dorset Police’s accident investigator, told Bournemouth Coroner’s Court: ‘The use of her mobile phone can only have been a distraction and has very likely contributed to her not seeing the motorcyclist.'

 

When asked about repeatedly changing her story, Miss Carpenter said: ‘In the time of the first interview, I just panicked and said what I said, which I know is not the truth.
‘I don’t know why I didn’t say about the phone. I was in shock, maybe I didn’t think it was relevant at the time. I was not distracted.’

 

Scene: Motorcyclist David Bartholomew collided with the side of Miss Carpenter's Peugeot 206, was catapulted into the road and died of horrific injuries hours later

 

Collision: The inquest heard Mr Bartholomew was riding a Honda CBF 1,000 bike east along the A31 at Ferndown, Dorset, at the time of the crash

However, coroner Mr Sheriff Payne described her account of the incoming call as ‘total rubbish’ and said: ‘She came up with misleading accounts of what happened.’ He recorded a verdict of accidental death at the inquest on Monday.
After the hearing, Lindsey Witcombe, Mr Bartholomew’s partner of 12 years, said: ‘He wasn’t speeding – he wasn’t doing anything.

'I was hoping for justice for him. The CPS seems to have appointed themselves both judge and jury.

'He was a highly intelligent and talented man. His life was his children.’

Motorcyclist: The family of David Bartholomew (pictured) have said they have been let down by the justice system

His daughter Charlotte, 25, added: ‘She is someone who should have known better.’

Mr Bartholomew was a manager at a metal fabrication firm and his other child is James, 25.
A CPS spokeswoman said it did not have enough evidence to charge Miss Carpenter with causing death by careless or dangerous driving.

She said: ‘There was no evidence to support that Miss Carpenter was holding her phone at the time of the collision.’
However, coroner Mr Sheriff Payne described her account of the incoming call as ‘total rubbish’ and said: ‘She came up with misleading accounts of what happened.’ He recorded a verdict of accidental death at the inquest on Monday.
After the hearing, Lindsey Witcombe, Mr Bartholomew’s partner of 12 years, said: ‘He wasn’t speeding – he wasn’t doing anything.

'I was hoping for justice for him. The CPS seems to have appointed themselves both judge and jury.

'He was a highly intelligent and talented man. His life was his children.’
His daughter Charlotte, 25, added: ‘She is someone who should have known better.’

Mr Bartholomew was a manager at a metal fabrication firm and his other child is James, 25.
A CPS spokeswoman said it did not have enough evidence to charge Miss Carpenter with causing death by careless or dangerous driving.

She said: ‘There was no evidence to support that Miss Carpenter was holding her phone at the time of the collision.’

THE LAW ON MAKING CALLS FROM YOUR CAR

It has been illegal to use a handheld mobile phone or similar device while driving since December 2003.
This includes motorists stopped at traffic lights, stuck in traffic or even parked with the engine running.
Anyone supervising a learner driver from the passenger seat is also banned from using a handheld phone.
Offenders face a fine of £60 and three penalty points on their licences even if they were otherwise seen to have been driving safely.
It is, however, legal to use hands-free devices such as headphones or a mobile phone ‘cradle’. Pushing buttons on a phone while it is in the cradle is not an offence if the driver is not holding the phone.
Sat-navs and two-way ‘press to talk’ radios – which are often used by members of the emergency services and taxi drivers – are legal to use while driving.
However, if police believe you are distracted and not in control of your vehicle you could be stopped and fined.
You are allowed to use a handheld phone if you need to call the emergency numbers 999 or 112 and if it is unsafe to stop your car.
Research has found that motorists using handheld mobile phones while driving are four times more likely to crash.