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EXCLUSIVE: Grieving mum to appeal ‘shocking’ Crown Office ruling after death of son on A96

Maria Hall has pledged to appeal the Crown Office's decision on A96 incident.
Maria Hall has pledged to appeal the Crown Office's decision on A96 incident.

A grieving mum is fighting for justice after the Crown Office ruled that no crime had been committed in the death of her teenage son.

Fabian Hall was walking along a stretch of the A96 Aberdeen to Inverness road at Brodie when he was struck by a car and killed in February.

Prosecutors say there is “no evidence of criminality” involved in the tragedy.

His devastated family described the 19-year-old, who had been heading home at the time from Forres, as “a much loved son, brother, uncle, nephew and cousin, and the greatest friend anyone could ever have”.

Moray community heartbroken after death of teenager walking on A96

Heartbroken mother Maria has said the Crown Office’s decision not to pursue criminal charges has made her feel like her son’s life “means nothing”.

She added: “It took nine months for the Crown Office’s decision that there was no crime committed, which is shocking.

“Basically they are saying it is OK to kill somebody if it is dark, and I want it reviewed.

“It turned out the driver didn’t know what speed they were doing – and who doesn’t know to keep an eye on the speed.

“To say that is deemed driving ‘with true due diligence and attention’ is really ridiculous.

“They didn’t know what they hit and there was no evidence of any attempts to swerve or brake, so how can that be considered to careful and attentive driving.

“I’m not happy and it feels like my son’s life means nothing.”

Mother Maria Hall.

A Crown Office and Procurator Fiscal Service spokesman said: “The Crown’s road traffic fatalities unit has fully investigated the death of a 19-year-old man who was struck by a car in Brodie on February 29.

“Following careful consideration of all relevant matters, Crown Counsel concluded that there is no evidence of criminality on the part of the driver to support a criminal charge and our criminal investigation is now at an end.

“That decision has been explained to the nearest relatives.

“If the family request it, the decision will be subject to a full review.”

Meanwhile, Mrs Hall has paused her major campaign to get a path in place alongside the stretch of the trunk route between Brodie and Findhorn to spare other families from a similar ordeal. 

She added: “The coronavirus lockdown makes any kind of campaign near impossible and again, though it was noted in the collision report that obviously there is no pathway where the road is coming into a village.

“We are no further forward with the path campaign, which is really frustrating.

“The traffic report certainly reinforces the calls for the path.

“In 2021 we hope to have recovered from this and, when I’m feeling a bit healthier, then we will continue our campaign as it has to be done to be able to prevent any more deaths.

Grieving mum wants path beside Moray road son was killed on as he walked home

A Transport Scotland spokesman told the P&J that the body continues to assess the “safety performance” of the trunk road network on an annual basis by screening all locations where three or more accidents have occurred in a three-year period.