Elderly driver, 90, who ran over and killed great-grandmother in Waitrose automobile park ‘drove to Specsavers to gather new glasses afterwards’, inquest hears

A 90-year-old driver who ran over and killed a great grandmother went to Specsavers after to pick up some new glasses, an inquest heard.

Colin Kirby-Green, now 90, reversed into Patricia Jepson, 85, in the Waitrose car park in Colchester, Essex, in August 2023.

She died nine days later from her injuries caused by the accident in Addenbrookes Hospital in Cambridge. 

Mrs Jepson’s granddaughter, Danielle Diamond, previously said: ‘She was the hero of our family.

‘She was funny, she had a great sense of humour and she watched all the quiz shows.

‘All I wanted was for him [Kirby-Green] to come forward and say, “I made a mistake”.

‘I want people to know what an amazing woman he took.’

Patricia Jepson, 85, died in hospital in Cambridge nine days after Colin Kirby-Green reversed into her with his car in a Waitrose car park

Granddaughter Danielle Diamond (pictured) said: ‘She was the hero of our family. She was funny, she had a great sense of humour and she watched all the quiz shows’

Mr Kirby-Green had been driving his Kia when he reversed into  Mrs Jepson while she pushed a shopping trolley.

The 85-year-old widow was airlifted to hospital where she sadly died from her wounds.

Meanwhile, Mr Kirby-Green did not stop to see if the fatally wounded Mrs Jepson was alright and instead drove to Specsavers to pick up some new glasses. 

Criminal charges were made against Mr Kirby-Green but they were dropped when it was deemed he was unfit to stand trial due to his dementia.

 He had recently undergone a cataract operation around the time of the incident when he was 88-years-old, Coroner Michelle Brown told the inquest.

He had been charged with causing death by dangerous driving among several other road offences. 

Though he would never face these charges due to his dementia and instead a trial of facts was held at Ipswich Crown Court in July.

A trial of facts focuses on whether the accused did commit the alleged acts but only focuses on the physical actions rather than the mental state, testing the prosecutions evidence without a full criminal conviction or guilty verdict.

‘All I wanted was for him [Kirby-Green] to come forward and say, “I made a mistake”. I want people to know what an amazing woman he took,’ Danielle said

The jury did find he committed acts amounting to dangerous driving, but the judge gave Kirby-Green an absolute discharge because of the defendant’s advanced dementia.

Mrs Brown said: ‘What we know is this gentleman had cataract surgery, and the glasses he was wearing at the time of that incident were pre-surgery glasses.

‘He didn’t then pick up the new prescription required until after the incident involving Mrs Jepson.’

Mr Kirby-Green failed an eye test in which he was required to read a car registration place from 20 metres away when officers came to his home.

He also refused to complete an eye test using the glasses he wore at the time of the incident.

Arthritis in Kirby-Green’s neck also prevented him from turning his neck properly which he never reported to the DVLA, the coroner said.

She said: ‘He admitted he does not turn [his neck] to reverse because of his arthritis but instead uses his mirrors for manoeuvres.

‘He was asked if he had any responsibility for this matter and he nodded and said he thinks he does.

‘He answered ‘No comment’ when he was asked if he kept the DVLA up to date with his health conditions.’

Concluding the inquest, Mrs Brown said: ‘There can only be one conclusion of a road traffic collision – had he been fit to stand trial, the outcome would have been different, but that is supposition on my part.

‘I do want to send my sympathies to the family, and to the family of the driver – it is a very sad set of circumstances.’

Speaking during the trial of the facts earlier this year, Judge Martyn Levett said: ‘Surprisingly, in this country there is no upper age limit for driving, although drivers over 70 must renew their licence every three years.

‘It is the responsibility of the driver to ensure they are fit to drive safely – whether or not that was done in this case is very much in the air.’

‘When the eyesight test was undertaken by the officer on August 19, I understand he failed.’

The judge said the other offences Kirby-Green faced of failing to stop after a road traffic collision, failing to report a road traffic collision, and driving with eyesight which did not comply with requirements would be dropped.

He also said Kirby-Green’s failing health and mental state meant he had no choice but to give him an absolute discharge.