A PEDESTRIAN jailed when an OAP cyclist she rowed with died after falling in a road today had her manslaughter conviction overturned.
Auriol Grey, 49, was found to have gestured in a “hostile and aggressive” way to Celia Ward – telling her to “get off the f***ing pavement”.
Footage then showed the 77-year-old veering into the road where she was hit by a car and later died.
Grey was jailed for three years in March last year after she was found guilty of manslaughter.
Three Court of Appeal judges today overturned her conviction after finding it was “unsafe”.
Dame Victoria Sharp, sitting with Mrs Justice Yip and Mrs Justice Farbey, said: “In our judgment, the prosecution case was insufficient event to be left to the jury.”
The court was told Grey had been charged with unlawful act manslaughter – meaning there must be an unlawful action that caused death.
But her lawyer Adrian Darbishire KC argued no such “base offence” was ever identified at the trial.
The barrister added: “The entire trial process and the preparation of such proceeded on a false legal footing.”
Mr Darbishire also argued “hostile gesticulation” is not a crime, otherwise “we would have 50,000 football fans each weekend being apprehended”.
The two women were passing each other on the street in Huntingdon, Cambridgeshire, in October 2020 when the horror unfolded.
Grey could be seen raising her hand as Celia cycled towards her on the pavement.
The retired midwife then loses her balance and staggers into the road in the path of an oncoming VW Passat.
In her evidence, Grey claimed she felt “anxious” as the bike was travelling “fast” in the middle of the pavement.
She also suggested she could have lifted her hand “unintentionally” as Celia cycled towards her.
Although it is illegal to cycle on the pavement, the court was told police could not “categorically” state whether the street was a shared cycleway.
But sentencing her last year, Judge Sean Enright said she was “territorial about the pavement” and “resented” the cyclist being there.
The court was told Grey has cerebral palsy and was partially sighted but the judge told her: “These actions are not explained by disability.”
Judge Enright also slammed her “dishonest account in [police] interview” and said there was “not a word about remorse until today”.
Auriol Grey's family speak after today's result
The family said in a statement: “Whilst we welcome the decision of the Court of Appeal our thoughts today are also with the Ward family and I am a sure a day doesn’t go by when they don’t remember their tragic loss.
“We are very relieved that Auriol’s prison ordeal is over and we would like to thank for the staff and inmates of HMP Peterborough for the kindness and consideration they have shown over the last year.
“There has been unnecessary and prolonged suffering and vulnerable people like Auriol need better support from the justice system – we hope lessons will be learnt.
“That said, we have been heartened and gratified by the way the legal community has rallied around her and, with no thought to personal gain, worked hard to right these wrongs.
“Auriol’s challenges are not over today.
“After a tough start she has strived over decades to build a normal life without seeking attention and we don’t underestimate the difficulties she will face rebuilding this.
“We would ask the people of Huntingdon and the press to please respect her privacy and give her space during this time.”
Grey launched an appeal against the three-year jail term after being left “shocked and devastated”.
In a first trial, jurors failed to reach a verdict but she was convicted at Peterborough Crown Court following a retrial.
A friend of Grey’s today revealed how she called him after today’s decision, saying: “I’m really happy and relieved I will not be going back to jail.”
Roman Ramsay said she is going to be celebrating tonight with her friends and family, who have supported her through the ordeal.
The 50-year-old added: “Auriol will no longer be branded a killer. She is totally free, she should never have been convicted in the first place.
“When she went to the Appeal Court in London with her brother-in-law this morning she had packed a case and had been prepared to go back to prison.
“Now she is a free and her name has been totally cleared. She deserved that.”
