AN AA recovery driver crushed against his own van bears the driver responsible for his 'horrific' injuries 'no ill will'.

A jury of six men and six women decided unanimously that Vanessa Godfrey did the act charged against her, namely causing serious injury by dangerous driving following the crash in Pershore Lane, Worcester. The 59-year-old of Oak Row, Upton was deemed unfit to plead because of dementia and was not present during the trial. Because of her medical condition, the jury’s finding does not mean she is guilty in a criminal sense as with a standard conviction.

Mrs Godfrey suffers from a form of Alzheimers called primary progressive aphasia which causes loss of language skills and ability to speak. At the time of the crash she was also under investigation for cognitive deficiencies including problems with visual processing and spatial orientation. She told police she had had two earlier, minor crashes which did not cause injury and stated she was 'sad that Chris was hurt'.

Judge Robert Juckes QC gave Mrs Godfrey an absolute discharge at Worcester Crown Court yesterday following a trial of the facts which began on Thursday.

Mrs Godfrey, who had no previous convictions, crashed her Audi Q5 into the AA van at around 3.30pm on September 21 last year. The force of the impact crushed AA recovery agent Christopher Brunger’s right leg between his van and a VW Polo owned by Judith Gibbons. Mr Brunger had stopped to change the Polo’s tyre after the car had struck a kerb. The then 29-year-old suffered a comminuted fracture of the right tibia or shin bone.

The crash was witnessed by Gary Martin, driving immediately behind the Audi, and professional driver Clive Green who was driving behind Mr Martin. Both men estimated, based on their own speeds, that Mrs Godfrey was driving at between 45mph and 50mph and neither saw her brake or attempt evasive action before the crash. To reach the verdict the jury had to be satisfied that the driving fell 'far below' the standard expected of a careful and competent driver. Earl Pinnock, defending, had earlier argued that the driving was 'careless' rather than dangerous as both witnesses had used this word to describe Mrs Godfrey's driving.

Matthew Barnes, prosecuting, said ‘the conventional punishment (such as prison) does not arise when someone is unfit to be tried’. He did not request the judge impose either a hospital order or any form of supervision. After the verdict was delivered he told the jury that Mrs Godfrey had surrendered her licence to the DVLA after the accident and added: “There’s no question of her driving anymore.”

He said her health had got considerably worse since the accident. He said the impact on Mr Brunger had been ‘quite horrific’ and he required operations, including metal work in his leg and skin grafts. He said: “He told me he did not bear any ill-will towards Mrs Godfrey."

Mr Brunger, who attended court on the first day of the trial, is walking again and has been back at work for about three months, promoted to a management position in the AA. Mrs Godfrey's sister was in the public gallery to see the outcome of the trial.