Woman special constable, 23, escapes all charges despite driving while using mobile phone which 'likely contributed to' crash which killed motorcyclist

• Collette Carpenter had phone on loud speaker in her lap at time of collision
• Motorcyclist David Bartholomew died after colliding with the side of her car, inquest heard
• CPS said there was not enough evidence to charge her with causing death by careless or dangerous driving
• Miss Carpenter has been a special constable for three years

By James Rush

Special constable: Collette Carpenter, pictured here arriving at Bournemouth Coroner's Court, was using her mobile when she was involved in a fatal crash

A woman police officer responsible for issuing fines to drivers for talking on their phone was using her own mobile when she was involved in a fatal crash, an inquest heard yesterday.
Collette Carpenter had the device on loud speaker and rested on her lap to have a conversation with her partner when she pulled out into the path of motorcyclist David Bartholomew.
The 54-year-old father-of-two collided with the side of Miss Carpenter's Peugeot 206, was catapulted into the road at Ferndown, Dorset, and died of horrific injuries hours later on March 20 last year.
When she was interviewed by fellow police officers, Miss Carpenter, 23, lied and claimed she hadn't been using her mobile phone at the time.
The special constable later said she had briefly taken an incoming call before changing her story again and admitted that she had been on the phone for her entire journey with the mobile on loud speaker on her lap.
She claimed that talking on loud speaker with a phone on her lap was 'the same as having a passenger in the car'.
A police accident investigator told the inquest that by using her phone, the off-duty officer had 'very likely' contributed to the crash.
Despite this, the Crown Prosecution Service has not brought any charges against Miss Carpenter over Mr Bartholomew's death.
After the inquest at which a coroner recorded a verdict of accidental death, Mr Bartholomew's family said they had been let down by the justice system.
Lindsey Witcombe, his partner of 12 years, said: 'She (Miss Carpenter) was on a mobile phone and is a special constable who has issued tickets for that.

 

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'He wasn't speeding - he wasn't doing anything. I was hoping for justice for him.'
Mr Bartholomew's daughter Charlotte added: 'We are all disappointed and feel very let down.
'She is someone who should have known better and I feel that she has taken no responsibility for what has happened.'

Scene: Motorcyclist David Bartholomew collided into the side of Miss Carpenter's Peugeot 206, was catapulted into the road and died of horrific injuries hours later

Mr Bartholomew's son James said: 'She has admitted to changing her story and has shown disrespect to us.'
The inquest heard that Mr Bartholomew was riding a Honda CBF 1,000 bike east along the A31 at Ferndown, Dorset, at the time of the crash at 7.20am on March 20 last year.
Miss Carpenter was talking to partner Rosemary Bonny on the phone when she went to turn right onto the westbound A31 from a side road.
Motorists who were travelling along the road at the time said nobody was breaking the speed limit.

PC John Hayward, the accident investigator for Dorset police, said: 'The use of her mobile phone can only have been a distraction and has very likely contributed to her not seeing the motorcyclist.'

Motorcyclist: The family of David Bartholomew (pictured) have said they have been let down by the justice system

Miss Carpenter, frome Colehill, Wimborne, said she did not see Mr Bartholomew until the collision on the A-road.
When asked about changing her story, she said: 'In the time of the first interview I just panicked and said what I said which I know is not the truth.
'I don't know why I didn't say about the phone. I was in shock, maybe I didn't think it was relevant at the time. I was not distracted.'
Mr Sheriff Payne, the coroner for Bournemouth, Poole and East Dorset, described Miss Carpenter's account of the incoming call as 'total rubbish'.
He added: 'She came up with misleading accounts of what happened.'
The inquest heard Miss Carpenter had completed a driving course for the special constabulary and had dished out six fixed penalties to drivers for using mobile phones during her three years as a special constable.
Mr Bartholomew, from Bere Regis, Dorset, died of a severe brain injury and multiple traumatic fractures.
An off-duty police sergeant carried out CPR on him at the scene but he died later in Poole Hospital.
Miss Witcombe said: 'He was a highly intelligent and talented man. He had two children, James and Charlotte, and the death of their father has been devastating.
'His life was his children and they were absolutely his number one priority.'
She added that he was a 'skilled and careful rider' and said he would never have ridden stupidly.
Mr Bartholomew, who was known as 'Barty', had been a popular figure in Dorset Motorcycle Club at Wareham.
He was a works manager at a metal fabrication firm. His children are James, 27 and Charlotte 25.

Collision: The inquest heard Mr Bartholomew was riding a Honda CBF 1,000 bike east along the A31 at Ferndown, Dorset, at the time of the crash

His partner Miss Witcombe today claimed the investigating police officers had urged the CPS to prosecute Collette Carpenter over David Bartholomew but their appeals had no affect.
She said: 'The investigating officers who presented this case to the Crown Prosecution Service and then subsequently appealed the decision not to prosecute, have tried their utmost to get justice for David and get this heard in a court of law.
'The CPS seem to have appointed themselves both judge and jury and disallowed its progress.'
Since 2010 Dorset police has staged a hard-hitting campaign to combat bad driving habits.
Up until December 2011, its 'No Excuse' campaign had caught and fined nearly 30,000 motorists, with nearly half of those stopped for driving without a seatbealt or using a mobile phone.
One motorist who has been penalised in the past wrote on a local internet forum in response to the inquest: 'So much for Dorset Police's 'No Excuses campaign.
'I received three points for having my phone on my lap whilst on loud speaker so it must be an offence.'

CROWN PROSECUTION SERVICE: 'INSUFFICIENT EVIDENCE TO PROVIDE A REALISTIC PROSPECT OF CONVICTION'

A spokeswoman for the CPS explained there was not enough evidence to charge Miss Carpenter with causing death by careless or dangerous driving.
She said: 'We were asked in September by Dorset police to review a file of evidence following the death of David Bartholomew.
'The CPS carefully reviewed the file and decided there was insufficient evidence to provide a realistic prospect of conviction.
'In order to charge Ms Carpenter with an offence of death by careless driving or death by dangerous driving we had to prove that her driving fell below or far below the standard required at the time of the collision.
'Two drivers who were the closest to the collision stated that when Ms Carpenter pulled out her manoeuvre was safe and did not inconvenience them.
'This supported Ms Carpenter's account, which stated that she checked both ways before pulling out.
'The evidence showed that Ms Carpenter was using her phone whilst driving but Ms Carpenter stated that her phone was positioned on her lap on loud speaker.
'We also took into consideration that there was no evidence to support that Ms Carpenter was holding her phone at the time of the collision.
'Having considered all the available evidence, we decided that there was insuficient evidence to prove that Ms Carpenter's driving fell below or far below the standard required.
'We fully understand how distressing this is for Mr Bartholomew's family.' 

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