Family of hit-and-run victim Dylan Crossey left crushed by Crown Prosecution Service decision not to pursue manslaughter case against driver

The family of hit-and-run victim Dylan Crossey have been left devastated after the CPS ruled out a manslaughter case.
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Dylan was 15 when he was struck by David Harwood's BMW in Chain House Lane, Whitestake, and left dying in the road in October 2016.

An inquest into the events leading up to Dylan's death was sensationally halted in September when Coroner Dr James Adeley ordered a reinvestigation into the case.

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>>>Click here to read the full story of what happened on the last day of the inquest.

Dylan CrosseyDylan Crossey
Dylan Crossey

Dr Adeley referred the matter back to the Director of Public Prosecutions to consider prosecuting driver David Harwood for gross negligence manslaughter.

It followed an application from the teenager’s family for the matter to be reinvestigated in the light of new evidence which came to light during the week of the inquest, including evidence from a reconstruction.

>>>>Read about the reconstruction here.

But just two days before Christmas, Dylan's mum Tracey Milligan received notification from the Coroner's office that the Crown Prosecution Service (CPS) were not interested in pursuing a manslaughter charge against David Harwood.

Dylan was a pupil at All Hallow's in PenworthamDylan was a pupil at All Hallow's in Penwortham
Dylan was a pupil at All Hallow's in Penwortham
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Tracey, who lives in Buckshaw Village, said: "There's been a lot of mixed messages, but basically we've been told that no further action will be taken.

"To make it worse, we've also been told that we are not eligible for Victim's Right of Review, but we're still trying to find out why."

The Victims’ Right to Review (VRR) scheme enables victims to seek a review of certain CPS decisions not to start a prosecution or to stop a prosecution.

Now Tracey and her lawyer are looking into the possibility of funding their own Judicial Review, but this can be costly and may require crowdfunding.

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Tracey said: "We've heard nothing at all from anyone since the inquest was stopped, and then two days before Christmas, they tell me this.

"I am devastated, just devastated. Have my family not been through enough?

"Why on earth won't they look at the new evidence?"

A spokesman for the CPS said all evidence has been looked at.

He said: "The evidence, including evidence called at the inquest has been carefully re-considered and our prosecutors determined our legal test was not met. Our thoughts remain with the family of Dylan Crossey."

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David Harwood was previously prosecuted for causing death by dangerous driving and in the alternative causing death by careless driving, but was acquitted following a submission that there was no case to answer for either offence.