Jury must decide if Wigan brothers were racing before crash which killed man on mobility scooter, court hears

Miss Recorder Mary Loram QC told a jury at Manchester Crown Court that they must be sure that Noormohammed Yusuf was driving dangerously and was responsible for the death of Michael Smith if they are to convict him.

The 31-year-old is standing trial after Mr Smith was fatally injured when he was hit by a Vauxhall Zafira while riding a mobility scooter on Poolstock Lane, Wigan, on February 28, 2019.

The car was being driven by Noormohammed’s brother Hanzah Yusuf, 21, who has already pleaded guilty to causing death by dangerous driving.

Noormohammed, of Park Lane, Abram, was driving a Volvo S40 along the same road, in front of his brother’s car, and denies committing the same offence.

While giving legal directions on the fourth day of the trial, Miss Recorder Loram QC said the jurors must decide if prosecutor Robert Hall has proven that Noormohammed caused death by dangerous driving.

She explained the meanings of “caused” and “dangerously” to help the jurors when they reach their deliberations.

Miss Recorder Loram QC said: “The issues will be whether he was driving dangerously and as a result caused the death of Michael Smith.

“It is not disputed that the car being driven by this defendant’s brother Hanzah Yusuf was being driven dangerously.”

The court heard the prosecution claimed Noormohammed was driving dangerously because he reached speeds of at least 53mph in a 30mph area in a built-up area, in wet, dark conditions, and because he was racing his brother.

A race involves more than one person and there should be an agreement between the drivers, either a conversation between them or an understanding that one would speed up when the other did, the jury was told.

Noormohammed denies racing his brother and the defence argued his actions played no part in Hanzah crashing his car.

Miss Recorder Loram QC told the jury: “Racing is quite key when it comes to the death by dangerous driving.”

If the jury finds Noormohammed not guilty of causing death by dangerous driving, they will be able to consider alternative counts of dangerous driving and careless driving.

The jury has since retired to consider its verdict.

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