Colchester Waitrose death: 89-year-old 'unfit to stand trial'

Colin Kirby-Green, 89, was due to appear at Ipswich Crown Court on Tuesday to face one charge of causing the death of Patricia Jepson by dangerous driving outside Waitrose, Colchester, last August.

Following the incident last August, emergency services treated Ms Jepson whilst a section of the supermarket car park was cordoned off.

Ms Jepson was airlifted to Addenbrooke’s Hospital, Cambridge, for treatment for serious injuries but died nine days later.

area - the Waitrose Colchester car park (Image: Newsquest)

Kirby-Green is also accused of failing to stop after a road accident, failing to report a road accident, and driving a motor vehicle on a road with eyesight which did not comply with requirements.

A psychiatric report was prepared ahead of the hearing but the court requested a second report to decide if he can be declared unfit to stand trial.

Kirby-Green was supposed to face charges at Colchester Magistrates’ Court in April and July but failed to attend on both occasions because of medical issues.

District Judge Christopher Williams ordered a psychiatric report to be prepared ahead of Tuesday’s hearing, saying an arrest warrant would be issued if Kirby-Green did not attend for a third time.

In memorial - a bench that has been placed in the car park in memory of Patricia Jepson (Image: Newsquest)

But the defence told the court on Tuesday the defendant was medically unable to leave his house in East End Green, Brightlingsea, citing a report prepared by his GP.

Her Honour Judge Emma Peters said: “I have seen medical evidence as to why he is not here – there are reports from his GP about his being housebound and unable to leave the house.

“That might have been more controversial were it not for the fact that I have seen a psychiatric report from Dr Baird, which is that he is unfit to stand trial in the conventional way.

“Having seen Dr Baird’s report there would be nothing we can do today without knowing if a second psychiatrist agrees [he cannot stand trial].”

Not forgotten - a close-up on the bench's plaque (Image: Newsquest)

The court was told it would take between four to six weeks for a second report to be prepared, meaning the case will not be brought before a judge until Friday, October 4.

Judge Peters said: “We need up-to-date documentation from the GP if it is suggested the defendant is still unfit physically to be here – we can’t assume this is an ongoing thing.

“We need justification for his ongoing not being here.”