Dylan Crossey: Coroner asks for mobile phone of BMW driver who mowed down 15-year-old

The coroner leading an inquest into the death of a 15-year-old hit-and-run victim has requested the phone of the driver who mowed him down.

Dylan Crossey, a pupil at All Hallow's in Penwortham, died after being knocked off his bicycle by David Harwood's BMW in Chainhouse Lane, Whitestake, on October 7 2016.

This is why the CPS didn't pursue a prosecution against David Harwood

At the time of the accident, Mr Harwood was on his way to meet a woman he'd met on a dating site. His brother Neil told police David said he'd been inputting information into a satellite navigation system in his car when the collision occurred, but during a court case, Neil Harwood said he could not "certain" his earlier assertion regarding the sat-nav was correct.

Inbound text messages

At a pre-inquest hearing today (December 22), questions over how David Harwood knew the address were raised. Sefton Kwasnik, representing Dylan's mother Tracey Milligan, said that during questioning Mr Harwood repeatedly said he had been sent text messages from the woman containing her address, but that no inbound text messages were visible from phone extraction.

He said that this issue "goes to the heart of the case". When questioned over what he meant, Mr Kwasnik said: "This is hypothetical. One of the possibilities is that Mr Harwood might have lied and there might mot have been an inbound text message." He added: "If there was not, then it's clear Mr Harwood has lied on a number of occasions about his source of knowledge of this lady's address."

Coroner Dr James Adeley replied: "You can't draw that conclusion, not with the press here."

No testing for deleted messages

During the hearing, it emerged that Mr Harwood's phone was never tested for deleted messages, and Mr Kwasnik,claimed a police report into this aspect of the phone examination had not been provided for "nearly seven years", despite it having been requested by previous coroner, James Newman. Mr Kwasnik said: "Despite specific and discreet requests, this was not issued to the court."

He added: "In short, on behalf of Tracey, she is submitting for whatever reason, the whole of this inquest has proceeded without her being able to ask questions about this report." He said: "The failure to reveal the existence of this statement of October 9 (2016) is of immense significance. It's central to the smooth running of justice."

Phone call

Mr Kwasnik also referenced that investigating officer PC Prescott noted he had wanted to speak to Mr Harwood about a phone call made at 11.05pm on the day of the incident - the same time as when a passerby made the first emergency call. Dr Adeley said he had a question over whether or not at the time of the accident, Mr Harwood was using an electronic device in addition to his sat nav.

The phone was returned to Mr Harwood in 2017 and Dr Adeley asked David Woods, representing Mr Harwood, to trace the phone's whereabouts by January 8. He also made orders that "someone in the police phone examination department" should be asked if data gathered from Mr Harwood's phone in 2016 could still be examined in the absence of the phone.

The police response

Rebecca Hirst, representing Lancashire Constabulary, refuted any implication that the force had supressed evidence, and that when the statement was found, it was presented to the court in May. Referring to suggestions of witholding evidence, she said: "That patently isn't correct, there has always been a desire to be as open as possible." She said that the phone had been returned to Mr Harwood in 2017, and as far as she was aware, had never been tested for deleted messages, owing to the destrucive nature of the tests.

Ms Hirst then went on to advise the coroner that "evidence needs to be focussed on the statutory questions you need to answer" and warned against speculative evidence.

This stance was echoed by David Woods, representing Mr Harwood.He said the court "would not be assisted by adding further evidence at this stage".

Next stage

Dr Adeley did not announce a date for the inquest, but it was revealed that it is expected to run for three days, without a jury.