Disabled woman Auriol Grey jailed for waving cyclist off pavement LOSES bid to appeal sentence 

A pedestrian who aggressively yelled and waved at a cyclist, causing her to fall into the path of an oncoming car, has lost an attempt to appeal her three-year sentence for manslaughter.

CCTV footage showed 49-year-old Auriol Gray yelling at retired midwife Celia Ward to ‘get off the goddamn curb’ in Huntingdon, Cambridgeshire, causing her to fall onto the road.

Grandmother Mrs Ward, 77, of Wyton, Cambridgeshire, died after being hit by a car on 20 October 2020.

Grey, who has cerebral palsy, denied manslaughter but was found guilty after a retrial at Peterborough Crown Court and was jailed for three years in March.

At a hearing at the London Court of Appeal on Friday, Grey’s lawyer argued that the sentence was “excessive” and that an autism diagnosis diagnosed after her trial may have made a difference in her case.

But Mr Justice Griffiths, sitting with Lord Justice William Davis and Judge Neil Flewitt, refused to allow Gray to appeal her sentence, concluding it was ‘not demonstrably excessive’.

He said: ‘An impeccable woman had been killed by the applicant’s unlawful act, with a devastating impact on the family she left behind and others, including the equally impeccable driver.

“The sentence imposed should reflect the seriousness of the unlawful killing, as well as take into account the extenuating circumstances available to the applicant.

“The punishment was not manifestly excessive.”

When she was sentenced earlier this year, Judge Sean Enright said Gray’s actions were “not explained by disability.”

Alisdair Luxmore, Grey’s brother-in-law, spoke out of court and offered his condolences to Ms Ward’s family, adding: “Our actions today should not lessen the suffering they have endured.”

He said: ‘We don’t believe prison is the right place for someone in Auriol’s circumstances and quite frankly it’s a complete waste of taxpayers’ money. It does not bring any benefit to society and it is really difficult to understand its usefulness.

“I think there are extenuating circumstances, her mental and her physical (conditions) and her eyesight, all those things taken together mean that she acts in a way that is different from everyone else and it seems that the law has no take this into account or allow it.’

Her attorney Miranda Moore KC launched her appeal today, arguing that the sentence handed down was “arguably manifestly excessive.”

After the trial, a psychologist assessed Gray and prepared a report with a diagnosis of autism, she said.

She said that might help explain why she acted the way she did, but that the judge was not aware of it at the time he was sentenced.

“This was a lady who was condemned as an aggressive and territorial sidewalk user, and it was her aggression and territoriality that caused her to behave the way she did,” she said.

‘After reading this report, that is so much more understandable. The criticism leveled at her door is probably not justified knowing what we are doing now.

“We would argue that while it is late, it is in the interest of justice that this court take it into account.”

The lawyer also criticized other aspects of the sentencing, including alleging that the judge misclassified the crime and did not give sufficient weight to mitigating features.

But Mr Justice Griffiths rejected the request for leave to appeal, saying there was nothing wrong with the final sentence that was handed down.

“In our opinion, the extenuating circumstances did not require a sentence of less than three years,” he said.

The judge acknowledged remorse, but it was limited. This could have been caused by her mental health profile, but that was accounted for elsewhere in the mitigation.

“The judge also took into account the effect of a prison sentence on the applicant, although we are pleased to hear that she is doing well on remand.

“The judge put a very strong emphasis on her disabilities and their effect on her as extenuating circumstances.

“We do not believe that the recent psychological report calls for a greater reduction than the judge has given.”

The judge, sitting with Lord Justice William Davis and His Reverend Judge Neil Flewitt KC, rejected Gray’s appeal.

He said Grey, from Huntingdon, had no mental disorder or learning difficulties and said the pavement at the relevant point was eight feet wide, describing it as a ‘shared path on the ring road’.

Ms Moore previously said: ‘What happened was only a moment that has touched many.’

She added that Grey’s “current view is where the sidewalks are narrow, the cyclists … should cycle on the road.”

“It was not intended to cause harm or a clear risk of harm,” she said.

She said witnesses had said that Gray “appeared childish,” that she was “partially blind,” and that she lived in adapted special accommodations.

In a statement released through police after Gray was convicted, Ms Ward’s widower, David Ward, said: ‘After 53 years of happy marriage, Celia was taken from me in a most horrific way and left me with my memories.

“She was kind, calm, careful, cheerful, and skilled in everything she did.

“Her death has caused me great sorrow. We trusted each other, shared the same sense of humor and outlook on life, and enjoyed each other’s company.

“I miss her terribly.”

Her daughter Gillian Hayter added in a statement released by police: ‘Celia Ward was my mother, mother-in-law to my husband and beloved grandmother to my son, but most of all the love of my father’s life.

“Her untimely death has turned our world upside down and not a day goes by that I don’t wish I could pick up the phone to ask her advice, celebrate the special events in our lives or just tell her how much you love her. I from her.

“It’s easy to say how amazing my mom was…she was passionate about her family and always ready to help and support us.

“She was of a generation that made and mended, kept a spotless home, and always put others first.

“Her death marred what should have been one of the most enjoyable times for us as a family.

“We can never forget the past two and a half years, but now is the time to remember the wonderful memories and times we had with Mom and hopefully find some peace.”

Gray’s challenge to the verdict will be heard at 10am on Friday by Lord Justice William Davis and two other senior judges.