Judge calls dramatic halt to get-away driver death crash hearing

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Neil Docherty is said to have been driving a Peugeot following a robbery when it crashed into a tree



The jury in the case of a man accused of taking part in an armed robbery and then crashing the get-away car, killing one of his alleged accomplices, has been discharged.

Neil Docherty had not been in the dock for the case at Warwick Crown Court because he suffered such a serious brain injury in the crash that he is considered unfit to stand trial.

Docherty, 40, of Hardy Road, Radford, is said to have taken part in a robbery at a One Stop store in Birmingham Road, Allesley Village, and to have caused the death of alleged accomplice David Molloy by dangerous driving.

Rather than having to decide whether he is guilty or not guilty, the jurors were told they would have to consider whether or not he ‘did the acts alleged.’

But on the second day of the hearing the jury was sent away until the afternoon because, the judge explained, there were matters which had to be resolved before the hearing could continue.

And when they eventually returned to court, following extensive legal submissions, Judge Andrew Lockhart QC told them: “Matters have not resolved themselves.

“I have come to the view that the only proper way forward is to discharge you.

“This case will not proceed any further before you. In every likelihood, it will have to proceed in front of another jury on another date, when matters have been clarified.”

And he warned them: “Do not discuss it. Simply say there was a legal issue and the judge had to discharge the jury.”

Judge Lockhart then adjourned the case for a new hearing to take place in December – and ordered that updated medical reports should be prepared on Docherty by then ‘as to whether or not he remains unfit to be tried.’

The jury had heard the case involved an armed robbery at the One Stop store in Birmingham Road, on December 4, 2013, when three masked men, at least one armed with a crowbar, entered at 8.20pm, and stole cash and a quantity of cigarettes.

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Robbery getaway driver who killed accomplice cannot be tried or jailed



A robbery get-away driver who crashed into a tree in Coventry, killing one of his accomplices, suffered injuries which were so severe he was unable to take part in his own trial.

Neil Docherty was one of three men who robbed staff at a One Stop store in Allesley Village, in December 2013.

Then with him driving as they made their get-away, they smashed into a tree killing front seat passenger David Molloy and severely injuring Docherty and rear seat passenger Keith Bailey.

And because of brain injuries he suffered in the crash, doctors concluded Docherty, 41, of Hardy Road, Radford, was mentally unfit to take part in a trial.

So instead of being asked to return verdicts of guilty or not guilty, a jury at Warwick Crown Court had to decide whether he ‘did the acts’ – and took just an hour to find that he did.

Judge Andrew Lockhart QC explained: “Of course, at the time he was of sound mind, but now he’s not.

“Because he is unfit to be tried, that means there is only a limited sanction that can be placed on him.”

"In the meantime the probation service and/or the local authority are to indicate what form supervision of this man, who presents a danger to the community, would take.”

I bet he makes a spectacular recovery?