The family of a young man who died after being hit by a police patrol car have expressed their shock and disappointment after charges against the officer involved were dropped at the 11th hour.
PC Christopher Corker, 40, had been due to face trial at the Old Bailey in London on Monday for causing the death of Arthur Holscher-Ermert by dangerous driving in Peacehaven.
It was alleged PC Corker deliberately steered on the wrong side of the road towards the 27-year-old pedestrian in a “misguided and dangerous attempt to stop him running away”.
The case was based on graphic video footage from the police car and a passing motorist which showed the incident just after 11.10pm on April 30, 2022.
But on Monday, the court heard that two expert reports had since agreed that PC Corker’s manoeuvre would have avoided a collision had the victim not also changed direction.
Prosecutor Jonathan Sandiford KC offered no evidence and PC Corker was formally cleared of two charges – of causing death by dangerous driving and careless driving.
Judge Richard Marks KC offered his condolences to the family in court, saying: “It appears to have been a tragic accident.”
As PC Corker, from Worthing, left the court, one of those present told him: “You are still responsible for killing Arthur. Never forget his name. Never. Dirty b*****d.”
In a statement after the hearing, the family said: “Instead of attending trial today, we as a family have had to process the sudden news that the CPS are discontinuing criminal proceedings against PC Corker.
“This is incredibly upsetting and disappointing; it has been over two years since Arthur died.
“We were hoping to start to get answers about what happened to Arthur and why on April 30, 2022.
“We are shocked to now find out that PC Corker isn’t going to be held criminally accountable for what he has done.
“Our fight for the truth and accountability goes on. We now look ahead towards Arthur’s inquest.”
Earlier, Mr Sandiford had explained the decision by the CPS to drop the charges as he addressed the court.
He said: “The Crown’s case against this defendant was that the collision was caused by him deliberately steering his vehicle on the wrong side of the road towards the deceased.”
It had been alleged the manoeuvre was a “misguided and dangerous attempt to stop the deceased from running away”, he said.
Following the crash, the defendant had given a prepared statement but no explanation for what happened, the court was told.
The two experts had since concluded that PC Corker’s actions would have avoided a collision had the victim not also changed course.
Mr Sandiford said: “It would appear he may have had the same intention as the officer in the sense he was changing direction to try to run behind the police vehicle and ran in front of it.
“Unfortunately, because the officer had already reacted there was a collision.”
He said the officer then “braked heavily and the vehicle came to a stop”.
Mr Sandiford said: “The deceased tried to stop and appears to have stumbled into the front of the officer’s vehicle.”
In effect, the experts agreed the officer’s manoeuvre – steering to the right and onto the wrong side of the road – “would have avoided a collision had the deceased continued on his path,” the prosecutor said.
PC Corker, who sat beside his legal team in court, left without commenting.
Chief Constable Jo Shiner has now said: “We acknowledge the decision by the Crown Prosecution Service (CPS) to offer no evidence in the case against PC Corker and the not guilty verdict subsequently returned by Judge Richard Marks KC today.
"We welcome the outcome reached by the court, and in particular, the Judge's comments that the collision appears to have been a tragic accident. My thoughts remain with Mr Hölscher-Ermert's family and also the officer who has faced criminal proceedings over the last 20 months.
“While today concludes the criminal investigation, we await an update from the Independent Office for Police Conduct (IOPC) on any potential misconduct proceedings and urge this decision to be made swiftly. As such, we will not be commenting further at this time."
Previously, the Independent Office for Police Conduct (IOPC) had referred a file of evidence to the Crown Prosecution Service (CPS) to consider charges against two Sussex Police officers relating to Mr Holscher-Ermert’s death.
On Monday, an IOPC spokesman said: “We’ve been advised by the CPS that, after considering further evidence received, it decided to offer no evidence at the trial for Pc Corker, resulting in the judge recording a not guilty verdict today.
“We will now consider how this further evidence impacts our decision that two officers should face gross misconduct hearings for potential breaches of the police standards of professional behaviour, following our investigation which concluded in April 2023.
“We will liaise with the force about this in due course and will ensure that Arthur Holscher-Ermert’s family are kept updated.”
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