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Dylan John Pounds, 29, has been found guilty of causing the death of Dean and Charlie Lowe by dangerous driving by Jersey’s Royal Court today.
Charlie Lowe, 11, and his father Dean, 48, were killed on La Rue de Fauvic in Grouville on Saturday 5 August 2023 after being hit by Pounds’ van.
He’s was found guilty of two counts, one for Dean and one for Charlie, and was also found guilty of dangerous driving following the incident and will be sentenced on 9 December.
In May 2024, Pounds pled guilty to causing the deaths of Charlie and Dean Lowe but denied causing death by dangerous driving and death by careless driving whilst under the influence of drink or drugs.
On the first day of the trial (Monday 21 October) Jersey’s Royal Court was shown a video made by 11 year old Charlie Lowe where he says “Imagine being hit by a drunk driver” minutes before he died in a road traffic collision.
The prosecution alleges that Pounds had started drinking around midday on Saturday 5 August and consumed around 9 alcoholic drinks over a rough period of as many hours.
They allege that he first visited the Union Inn before going to The Pembroke and leaving his work van there.
Footage appears to show Pounds in The Pembroke at the same time as Dean Lowe, who was there with his son.
The prosecution says that Pounds had six alcoholic drinks at The Pembroke, with footage showing Pounds leaving his van at the pub and being driven by others to the Dolphin Hotel.
The prosecution alleges the footage showing him getting a lift shows he knew he was already too inebriated to drive. (Context around the lift).
After more drinks at the Dolphin, the prosecution says Pounds left and made his way back to The Pembroke via bus.
The prosecution alleges the bus’ CCTV footage shows one of Pounds’ friends shaking his head as he disembarked the bus, alleging they were asking Pounds not to retrieve his van and drive home.
The prosecution then showed a video to the court that Charlie Lowe took minutes before his death.
It shows Charlie and his father walking home towards St Clement’s Church in Grouville.
In the footage, Charlie can be heard saying “Let’s hope we don’t get hit by a drunk driver”.
Minutes later, Charlie and Dean were struck by Pounds’ van.
The prosecution showed independent expert analysis showing Pounds was driving between 41 and 50mph. They add that he was likely travelling at 47mph when he hit Charlie and Dean Lowe.
The prosecution alleges there were no signs that Pounds attempted to brake.
On the second day of the trial (Tuesday 22 October) Jersey’s Royal Court heard how two witnesses believed Pounds was “intoxicated” before the incident.
One of the witnesses Callum Best, an apprentice electrician who became friends with Pounds through work, was called by the prosecution.
Best recounts that the pair arrived at the Union Inn in the early afternoon of Saturday 5 August 2023, each having a bacon roll and three alcoholic drinks in total before making their way to the Pembroke.
Pounds drove the same van they used to get to the Union.
Best told the court the pair drank around six pints each at Pembroke, adding they had not eaten anything since the Union Inn.
The two friends were then offered a lift to the Dolphin Hotel, leaving the van at the Pembroke.
At this point, the prosecution asked why Pounds didn’t drive himself to the Dolphin.
Callum Best responded: “Because he was intoxicated.”
He adds: “I said to leave the van at the Pembroke and we’d get the bus back.”
Best says that his memory at the Dolphin “isn’t very strong”, adding that he cannot recall details of the bus journey back to town as he was intoxicated.
The defence then cross-examined Callum Best, asking if there wasn’t CCTV footage shown to him, would it have been more difficult for him to recall the day’s events.
Best says this was true, but maintains the pair had three drinks each at the Union Inn and a number at the Pembroke.
On the third day of the trial (Wednesday 23 October) the court heard from a husband and wife who described how they found the bodies of Dean and Charlie Lowe after they were struck by the van.
Amanda Fairnie spoke to Jersey’s Royal Court via video link.
She described how she and her husband, Andrew, had left a friend’s party at the Dolphin Hotel at around 9:30pm on the day of the incident.
Fairnie told the court that she was driving home when her husband told her to stop the car.
She said: “I put warning lights on, jumped out of the car, went straight over. Charlie, he was lying face down on his front in the road. He wasn’t moving. I tried to see if he was breathing. His head was turned to the left-hand side.
“My husband was dialling 999 and he told me that he would stay with Charlie, as I looked up I saw there was another body on the road, further up the road. I ran to Dean. I told [Dean] my name and said I would try and help him and I would save him. I got my phone out of my bag to dial the emergency services; I called 999. It took a couple of attempts as I was shaking.”
Fairnie told the court that she did not get a response from Dean, but started giving CPR to him until two police officers arrived. She then went back to Charlie Lowe to provide resuscitation efforts.
Another witness, Kyle Stratford, described to the court how he was three miles away picking up a takeaway when what appeared to be Pounds’ van drove past him.
Stratford told the court: “The front of the car… it looked like something had landed on it and the same with the glass. It was almost dented and fragmented all along the front part.
“I was more taken back than anything seeing the car just because you wouldn’t imagine seeing a car with that damage on the road. I was shocked; I’ve never seen a van in that condition.”
Later vehicle examiner Chris Hopkins brought forward his inspection of the vehicle to the Royal Court.
Hopkins said “It’s important to say my first view was the front and it was obvious that it sustained significant damage, which was shocking to me. After the impact, it was in a dangerous condition. Any other road user was at risk from this being on the road.”
He also confirmed that there were no faults with the braking system, and they would have been perfectly efficient if operated correctly.
In the afternoon, States of Jersey’s official analyst Nick Hubbard, who specialises in blood-alcohol analysis, took to the stand.
The day after the incident (Sunday 6 August 2023), Pounds was first breathalysed at 1:09pm, with a blood sample taken at 2:47pm, but no alcohol was detected.
Mr Hubbard was asked by the prosecution to determine how likely Pounds was to be over the legal limit when driving the night before at 9:40pm.
Using the defendant’s age, height, weight, and gender as variables, Mr Hubbard provided three statistical estimations that worked out the rate of absorption and elimination of alcohol in Pounds’ system. All three estimations put Pounds over the legal limit during the crash.
The prosecution asked Mr Hubbard how likely the defendant was under the prescribed legal limit, to which Mr Hubbard told the court it was very unlikely that would have been possible, but added there was a very small chance.
Estimations varied but each put Pounds between one-and-a-half and two-and-a-half times over the legal alcohol limit whilst driving.
Under cross-examination by the defence, Mr Hubbard confirmed that these are statistical conclusions.
Mr Hubbard added that he believes it was very unlikely Pounds was under the legal limit, as this would have required him to have a faster-than-average breakdown of alcohol in his system.
The judge and Deputy Bailiff, Robert MacRae, told the court that based on Mr Hubbard’s provided information, Pounds would have been “unfit for driving” until around midday on Sunday.
On day four of the trial (Thursday 24 October) Jurats heard from expert analysts on the speed of the van.
A forensic collision investigator states that there were no signs on the road of any sharp breaking.
He also told the court that he’d never seen a punctured windscreen in any pedestrian collision.
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