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Daily Record
Daily Record
World
Ashley Pemberton

Parents of girl killed by BMW given restraining order to stop them 'harassing' driver who fainted at wheel

The parents of a 15-year-old girl killed after being hit by a car have been given a restraining order to stop them 'harassing' the motorist involved in their child's death.

Colin Dawson, 47, and wife Angela, 50, had been due in court to face two counts of harassing Richard Brooke, 53, and his wife Claire Lomas Brooke.

The Dawsons had publicly campaigned for quantity surveyor Mr Brooke to be prosecuted over Katelyn's death in January 2018.

The teenager died after being struck by his BMW while she was standing at a bus stop in Huddersfield, West Yorkshire.

However Crown Prosecution Service officials ruled out a prosecution after hearing that the business consultant had fainted at the wheel and suffered from

Colin Dawson and his wife Angela pictured with their beloved daughter Katelyn Dawson (MEN Media)

Mr and Mrs Dawson had been accused of handing out a petition outside Mr Brooke's workplace.

A court heard the couple had also driven slowly past Mr Brooke's house and the shop owned by his wife, which prosecutors said amounted to "harassment".

Mr and Mrs Dawson, of Huddersfield, appeared at Bradford Magistrates' Court on Tuesday where harassment charges against them were withdrawn.

Katelyn Dawson was run over and killed as she was standing at a bus stop after a BMW driver blacked out at wheel (MEN Media)

Richard Davies, prosecuting, said: "This is a particularly sensitive case.

"Almost everybody in it is a victim.

"It is not about what has happened, it is about ensuring that it stops in terms of the behaviour of Mr and Mrs Dawson.

"The Crown has suggested a restraining order without Mr and Mrs Dawson being convicted, which has three conditions."

The heartbroken couple cannot contact Richard Brooke or his wife, Claire Lomas Brooke, or enter an exclusion zone around their house and work for two years.

They also cannot use social media to contact or share information about Mr and Mrs Brooke.

Richard Brooke was driving a black BMW when he fainted and crashed into people standing at a bus stop (Huddersfield Examiner WS)

Mr Davies added: "This is not an order sought by view of punishment, but for the protection of Mr and Mrs Brooke."

District Judge Richard Clews told Mr and Mrs Dawson that anybody who knew the circumstances surrounding their actions would find them "understandable to some extent".

He said: "I am confident that everything you did or have done is likely to be a way of expressing or trying to express your grief and a sense of injustice rather than any attempt to deliberately break the law.

"I am acutely aware the resolution of these proceedings is not going to bring to an end your grief, nothing will. I only hope that the passage of time will help."

Colin and Angela Dawson leaving Bradford Magistrates Court on Tuesday after being given a restraining order (Dan Rowlands / SWNS.com)

In a statement issued after the court hearing, Mr and Mrs Dawson said: "We are pleased that common sense has prevailed and the harassment charges against us have been dropped.

"We can now focus on the most important matter which is the inquest into Katelyn's death.

"We still have many unanswered questions and hopefully these can be resolved by the coroner."

Katelyn had been standing at the bus stop with several members of the public when the BMW left the carriageway and ploughed into them.

Katelyn was rushed to Leeds General Infirmary where she was sadly pronounced dead at around 6.15pm on January 10, 2018.

Two others - a 17-year-old girl and 47-year-old Christine Crawshaw - suffered serious injuries in the smash.

Mr Brooke suffered minor injuries in the crash, but was never charged in connection to the crash because it was ruled he fainted at the wheel as a result of "insane automatism".

The popular year 11 pupil was described by friends as "amazing, kind, funny and beautiful".

Floral tributes with heartfelt messages were laid at the scene at the time.

One read: "RIP to my beautiful. Heaven has gained a beautiful angel. I love you so, so much baby girl. RIP Princess."

Floral tributes left at the scene after Katelyn Dawson was hit by a BMW at a bus stop (Alex Cousins SWNS.com)

Dozen of Katelyn's friends also took to social media with messages in memory of the popular teenager.

One said: "Katelyn was amazing. She was kind, funny, beautiful and so so, so loved by everyone.

"She's been taken too soon and everyone's going to miss her more than you can imagine."

Another added: "She was one of the loveliest girls I ever met."

The Crown Prosecution Service (CPS) confirmed last year it was not pursuing a prosecution against the driver.

They said the defence of "insane automatism"- when a person suffers some malfunctioning of their body or mind due to an internal cause such as a medical episode - applied and he would not be convicted.

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