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Herne Bay crash death victim Tony Woodmansee's parents vow to continue their fight for justice

Parents who lost their son in a tragic car accident say they will continue their fight for justice after a five-year wait for an inquest ruling into his death.

Tony Woodmansee died when the car he was travelling in lost control on the wrong side of the road and hit another car on the A291 near Wildwood on Thursday, October 28, 2010.

Despite emergency surgery at the Royal Free Hospital in London, doctors were unable to save the 20-year-old scrap yard manager, who had suffered devastating brain injuries and died on November 6.

Tony Woodmansee was 20-years-old at the time of the crash
Tony Woodmansee was 20-years-old at the time of the crash

Tony’s friend James Moxey denied a charge of causing death by dangerous driving before the case was dropped by prosecutors in March 2012.

Mr Moxey’s defence experts looked at the car 11 months after the crash and found evidence of a snapped suspension bracket which had not been spotted in the original police investigation.

Tony’s parents, Sally and Tony were then left in the dark after the inquest was delayed in July 2012.

Meanwhile, Mr Moxey moved to Australia, leaving the coroner’s courts unable to trace him to appear via video link.

But last week Tony’s inquest was resumed by Assistant Coroner Christopher Morris, who heard testimony from the expert investigators and from the police officers involved. He recorded a verdict of death by road traffic accident.

The accident site on the A291 near Calcott Hill
The accident site on the A291 near Calcott Hill

Mr and Mrs Woodmansee have welcomed the outcome, but now want to seek legal advice about prosecuting Mr Moxey privately.

During the inquest, PC Jamie Woodhams read out notes from the interview with Mr Moxey while he was under caution.

Mr Moxey told officers he had spent the day at work with his best friend Tony, and they were on their way to Canterbury at just after 7pm on the night of the crash.

“I don’t drive around fast. I’m not an idiot who drives around and shows off, just ask most people that know me..." - James Moxey

He said: “I’ve never driven silly before. The back end of my car started sliding and I didn’t know what was happening.

“I was approaching a gentle left hand bend, but the other car came around the bend at high speed. Instead of straightening up he then came across the road directly towards my path.”

Mr Morris also read a statement from witness Jane Baines, who said she had found the Peugeot 106 empty, with “boy racer-style” music blaring from the radio speakers.

In court, Mrs Woodmansee, of Leighville Drive, stated her belief that Mr Moxey had been driving dangerously.

She said: “The car was travelling on the wrong side of the road. We were told there were no skid marks for braking and that it was going too fast.

“It means Moxey was not paying attention, as the normal human reaction is to brake.”

Key questions about the cause of the crash surround the issue of whether a broken suspension bracket could have caused Mr Moxey to lose control of the car.

The driver James Moxey (left) with pal Tony (right)
The driver James Moxey (left) with pal Tony (right)

Original police vehicle examiner Kevin Barrett told the inquest he had carried out his inspection on November 3, 2010, but he did not record anything about a broken bracket on the near side of the Peugeot 106.

He said: “I don’t remember seeing it when I examined the vehicle.”

Mr Barrett also said there was no passenger airbag on Tony’s side, and added he was certain that Tony had not been wearing a seatbelt at the time of the crash.

“I tested the vehicle to the point of destruction. It didn’t matter what I did, I still couldn’t make the vehicle lose control when negotiating a right hand bend..." - PC Terrence Collins

Mr Morris called metallurgy expert Simon Clarke and road traffic investigator George Mighall, who examined the car on September 29, 2011.

Both agreed that the snapped suspension was most likely present in the car before the accident, and Mr Mighall stated his belief that it could be the main reason why Mr Moxey had lost control of the car.

But PC Terrence Collins, who had been the police investigator on the night, disputed the experts’ belief that it was the broken suspension which had caused Mr Moxey to lose control of the car.

He told the court he had completed track tests on a replica Peugeot 106, with the same snapped suspension bracket.

He added: “Everything we have heard today about the broken suspension in my opinion makes no difference whatsoever.

“I tested the vehicle to the point of destruction. It didn’t matter what I did, I still couldn’t make the vehicle lose control when negotiating a right hand bend.”

In summing up, Mr Morris said: “This is a key issue. I think on balance the defect occurred in advance.

Parents Tony Woodmansee and Sally Woodmansee outside court
Parents Tony Woodmansee and Sally Woodmansee outside court

“But that said there is no evidence which persuades me as to whether the suspension failure occurred either in the moments before the collision or at an earlier point.

“I prefer PC Collins’ particular view. I’m not convinced the suspension materially contributed to this tragic collision.”

“There is nothing more tragic than the death of somebody as young as Tony..." - Assistant Coroner Christopher Morris

He recorded a conclusion of a death in a road traffic collision causing catastrophic brain injury. He added: “There is nothing more tragic than the death of somebody as young as Tony.”

Speaking outside court after the inquest conclusion, she said: “It’s been really difficult. We didn’t want the coroner to be misled and come up with the wrong conclusions about Tony’s passing.

“The inquest has really brought back what the police said to us in the first place, that this should go to court.”

Mr Woodmansee added: “Coming here is like coming back to day one every time. It’s frustrating and annoying to have heard the police interview with Mr Moxey.

“But we are pleased with the result that this was not recorded as an accidental death.”

The family said they wish to pursue a private prosecution, which is where a private citizen lays information before a magistrate.


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