The family of 10-year-old Makayah McDermott and his aunt, Rosie Cooper, who were killed in a car crash involving a vehicle being chased by police, have paid tribute to their “incredibly caring” nature.
It may be a long time before the full circumstances surrounding the deaths are known, but it could be even longer before they are considered for compensation for the tragedy.
The former Guardian journalist Donald MacLeod is still pursuing damages more than six years after being hit by a patrol car answering an emergency call in north London.
MacLeod was cycling home in March 2010, wearing a helmet, high-visibility jacket and with his bike lights on when he was hit from behind by the police vehicle, which was carrying four officers responding to reports of a shooting in Hackney.
The collision left him with brain injuries. MacLeod, 66, was in a coma for weeks. He still requires 24-hour care and has to use a wheelchair. He has regained a limited amount of speech.
The Metropolitan police disputed liability for the collision, denying that the police driver had been negligent. The force initially lost in the high court but insisted on taking the case to the court of appeal.
It was common ground, the appeal court said, that the police car was travelling at 55mph approaching the mini-roundabout at which the accident happened. Lawyers for the Metropolitan police disagreed on the direction in which MacLeod was travelling, saying he could have been entering the roundabout from a different road to the car, which had blue lights flashing and siren on.
The court of appeal, however, dismissed the force’s claim that there had been a head-on crash between MacLeod and the police car. Having established liability, MacLeod’s family have still to reach agreement on the level of compensation. A further hearing to settle the case is not due until next June.
MacLeod, who has three children, was an education journalist at the Guardian before becoming head of communications at the Russell Group of universities. The family have since moved to Scotland.
His wife, Barbara, said: “He continues to make progress but it is achingly slow. There are still small gains. Physically he’s getting stronger.
“His speech is very limited. Only now we are able to speak it’s become apparent how great the damage was. He has no short-term memory so we have to live in the present. Mercifully, his sense of humour is still intact.
“The police finally gave in on liability but now we are putting together the claim. A series of experts have come to assess Donald and his future needs. By the time it reaches court next June it will be more than seven years since the accident.”
