PSYCHIATRISTS will appear in court so a judge can rule if an 89-year-old will stand trial for death by dangerous driving after a woman was run over in a supermarket carpark.
Colin Kirby-Green is accused of causing the death of Patricia Jepson, 85, outside the Colchester branch of Waitrose in August last year, but he has not appeared in court to admit or deny any of the charges against him.
He is accused of death by dangerous driving, 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.
The case came before court for the third time on Friday, when the prosecution told Judge Martyn Levett they wish to order a psychiatric report to consider whether Kirby-Green, of East End Green, Brightlingsea, is fit to stand trial.
Two psychiatric reports have already been carried out - one by Dr Andrew Baird, the second by Dr Ehireimen Aigbogun - both of which said Kirby-Green is medically unable to appear before the court after suffering from sepsis.
As well as allowing for a third report, Judge Levett has also asked that the two psychiatrists who wrote the first reports appear before him to explain why Kirby-Green is unfit to stand trial.
Ipswich Crown Court also heard on Friday one such report was compiled after a 30-minute video call between a psychiatrist and the defendant.
Steven Dyble, defending, said: “The defendant suffered illness, was admitted to hospital and contracted sepsis – there have been neurological consequences that are still being investigated.”
Judge Levett replied: “Two reports say he’s not fit – why can’t I determine that?”
Mr Dyble said the prosecution “don’t necessarily accept” the reports’ findings and want to “consider the issue themselves”.
Philip Farr, prosecuting, said: “This is an incident captured on CCTV – it is on the face of it, evidentially, an open and shut case.
“On each occasion the family have come to court to see further delay.
“It is therefore the crown’s decision, given the sensitivity, to have a third psychiatric assessment of the defendant.
“One of the psychiatrists only saw [the defendant] for 30 minutes over Teams.”
“We are going to have our expert review those findings and we will then come back – we may find ourselves in the same position.”
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