Case dropped against diabetic driver who left two bikers dead in East Yorkshire crash

A judge has called for an investigation into how a seriously unfit diabetic driver who caused the deaths of two motorcyclists was allowed a licence.

David Hemingway, 36, was suffering low blood sugar levels when his car hit the two motorcyclists as he was travelling towards Garrowby Hill near Pocklington, East Yorkshire, on 3 August, 2019.

Mr Hemingway, of Main Street in Bishop Wilton, had been charged with causing the deaths of Michael Midgley, 65, and Geoffrey Toase, 64, by dangerous driving in a crash on the A166 between the junctions of The Balk and Barf Lane.

However, the case was halted and he was discharged after the court heard he was unfit to enter pleas and face trial because of his complex medical needs.

Defence barrister Sarah Barlow said Mr Hemingway's own doctor raised doubts about whether he should have been driving.

Judge Mark Bury said: "The doctor had significant reservations, to say the least, about the defendant's then fitness to drive in 2016, yet the DVLA granted the defendant a licence.

"But for the presence of a licence, he would not have driven. He should not have had one."

It was previously agreed by the prosecution and defence that Mr Hemingway was not aware of his blood sugar levels dropping and that he was not at fault for that.Prosecutor Richard Thyne KC said that the issue was whether the prosecution could prove Mr Hemingway failed to take all reasonable steps to prevent an "attack" of low blood sugar levels that caused the fatal accident and whether he did that through failing to test his glucose levels.

'He is not legally responsible'

Mr Thyne told a resumed hearing there was insufficient evidence to prosecute the case.The judge said: "I can't conceive of any circumstances where the defendant could be tried."He said Mr Hemingway was behind the wheel of the car which collided with the two motorcycles, "leaving two men dead".

"Undoubtedly, he was responsible for that," Judge Bury said. "He is not, in fact, legally responsible."

He added that a coroner should investigate at an inquest how and why the DVLA granted Mr Hemingway a licence.

He said: "I can't direct one. It should be investigated at another venue.

"These proceedings are now at an end. The outcome is inevitable."

After the case, the family of Mr Midgley said he was "a wonderful husband, father and grandpa".

They added: "He retired in 2018 and was looking forward to spending quality time with his family, particularly his grandson, who was born that year.

"Family was everything to him, as well as his enormous love of motorbikes, which he had been riding for over 50 years non-stop. He was a very experienced rider."

They went on to say that Mr Midgley went for a ride with his friends and "never came home".

They said: "He was taken from us suddenly and so unfairly through no fault of his own. It has been a long and heartbreaking court process with no real justice for Michael.

"We strongly hope that some recommendations come out of the inquest to avoid this happening to other families in the future.

"Losing Michael has left a massive hole in our lives and he is missed more than words can say."The family of Mr Toase said: "Geoff Toase was local to the York area and was a true Yorkshireman. He was brought up by his grandparents and cared for them in their old age.

"Geoff was a popular character, who made friends easily and embraced life to the full. His first love was motorbikes and he bought his first bike at the age of 17.

"Geoff is still sadly missed by everyone who knew him and remembered with love."

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