Woman killed partner by driving 'far too fast' and crashing into tree, trial hears

A woman killed her partner by driving "far too fast" and crashing into a tree on their way back from a wedding, trial has heard.

Alicia Fairclough, 34, was travelling at double the 30mph speed limit at the time of crash on Lever Park Avenue in Horwich, a jury have been told.

Ms Fairclough is accused causing the death of Thomas Benson, by dangerous driving, which she denies.

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On Saturday, November 6, 2021, the couple had been guests at a wedding of a friend of Mr Benson, at Rivington Barn, Manchester Crown Court heard. They had driven there in an Audi A8, arriving around midday.

"Over the course of that reception, they both had drinks" prosecutor Joe Boyd said. "By the time they left at 10pm, Tom was drunk and he couldn't drive. Reluctantly, she decided to drive home."

They had only driven a "short distance" away from the venue before the collision, the court was told.

On the initial part of their journey on Lever Park Avenue, the national speed limit applies, Mr Boyd said. The speed limit then reduces to 40mph and then afterwards to 30mph around 600 metres before the collision scene, he told the court.

"That means 600 metres from the scene, to any driver it would have been clear to them that the speed limit is 30mph" he said.

The vehicle's movements were captured on the doorbell cameras of three properties on Lever Park Avenue, the jury were told, two on one side of the road, and one on the other. This meant police were able to come up with "very accurate" calculations as to what the speed of the vehicle was Mr Boyd said.

He said as it passed the first camera, the Audi being driven by Ms Fairclough was travelling at "no less than" 78mph.

As it passed the second, 500 metres past where the road became a 30mph limit, it was travelling at 76mph he said.

Adding: "At the point of impact it was travelling in excess of 60mph, before it collided with the tree."

Mr Boyd said the jury would to decide if the standard of Ms Fairclough's driving fell "far below that which would have been expected of a careful and competent driver."

At the point of the collision there is a right-hand bend and two experts had concluded the vehicle was being steered to the right, the court was told.

"The prosecution have no quarrel with the direction it was being steered coming into the bend. And there were no jerky movements" Mr Boyd said.

"But it was going far too fast for the bend. It went straight off the bend and hit the tree. The prosecution say that is what's caused the accident. It was the foot on the accelerator pedal. This car was travelling far, far too fast to make the bend, and that's what caused the collision."

Ms Fairclough, who was injured in the crash, was wearing a seatbelt, but Mr Benson wasn't, Mr Boyd said.

Katherine Riley, the partner of Mr Benson's friend Christopher Riley, both of whom were sat on the same table as the couple at the wedding, said that Ms Fairclough was drinking "through the afternoon and evening" and had consumed prosecco, beer, wine and "firewater" from a hip flask during the day.

"If I was to suggest to you Tom was more intoxicated than Alicia, what would you say" David James, defending, asked Mrs Riley in cross-examination. "I would say no" she replied. "They both seemed equally as drunk."

She said that she and her husband had offered Ms Fairclough and Mr Benson a lift in a minibus they had booked but they "declined."

Her husband Christopher Riley said he had made the offer only to Mr Benson and that it was "left open." Asked if Mr Benson was "more intoxicated" than Ms Fairclough, he said: "I wouldn't say so."

However he said neither of them were "stumbling around" or "slurring their words." Robert Hayes-Carr was driving a car travelling in the opposite direction on Lever Park Avenue at the time of the collision.

He told the court he "only saw it for a few seconds" but that he had said to his partner: "That car was going too fast, it's going to crash."

He said he then heard an "almighty bang" and after "slamming his brakes on" realised the Audi had hit the tree.

"I turned my car around, pulled up, and went to help" he said. He said Ms Fairclough was wearing a seatbelt, but Mr Benson wasn't.

Ms Fairclough, of Fairways, Horwich, has pleaded not guilty to causing death by dangerous driving. The trial, due to last around a week, continues.

Proceeding