Jurors found that Shelagh Robertson’s undiagnosed dementia had affected her driving when she stepped into the path of a van which then mounted the pavement, killing five-month-old Louis Thorold. Robertson, 75, was driving home from a Tesco shopping trip when she swerved into the path of an oncoming lorry on the A10 at Waterbeach in Cambridgeshire on January 22 last year, a trial at Cambridge Crown Court heard. The lorry collided with Robertson’s car, forcing the lorry onto the pavement, where it struck Rachael Thorold and her son Louis Thorold, killing him, and threw Mrs Thorold into the air, seriously injuring her. Judge Mark Bishop told jurors that if they were satisfied on the balance of probabilities that Robertson, of Stables Yard in Waterbeach, was demented at the time and either did not know what she was doing or did not know what she was doing was wrong, they could return special verdict of not guilty by reason of insanity. He said this “does not involve a momentary lapse in concentration”. Jurors found Robertson not guilty by reason of insanity Friday after deliberating for seven hours and three minutes. Louis Thorold with his mom, Rachael. Credit: Family photo The defendant, who sat next to her attorney and a family member in the court well, used a listening loop to hear the jury’s foreman read the verdict. Robertson appeared expressionless as the verdict was returned. Louis’ parents, Chris and Rachel Thorold, who were sitting in the public gallery, looked down at the floor, with Thorold shaking his head. James Leonard, defending, told the trial it was “obvious” that Robertson’s driving “fell below the standard of a reasonable and competent driver”. But he said Robertson was ill-equipped to negotiate the cross-examination because of her dementia, and she did not know this as she had not been diagnosed at the time. “He’s trying to be safe, but he just doesn’t have the mind to be safe,” Mr Leonard said. Prosecutor David Matthews had said in his closing arguments: “There is no doubt here that Selagh Robertson suffers from a form of dementia and was suffering from it in January 2021.” He said an MRI of Robertson’s brain, which showed shrinkage of a part of the brain associated with memory and language, taken in September or October last year, was “strong evidence”. But he raised the question of “where Shelagh Robertson was on the dementia slope in January 2021”, adding: “It’s not just a question of whether someone has dementia, it’s a question of how bad it is,” he said. Rachael and Chris Thorold arrive at Cambridge Crown Court. Credit: PA Adam Zeman, professor of cognitive behavioral neurology at the University of Exeter, was instructed by defense lawyers to compile a report on Robertson. He told jurors the defendant had “dementia probably caused by Alzheimer’s disease in a slightly atypical presentation”. Professor Zeman said Robertson would have been at “a high risk of confusion at this junction and a possible result of the confusion would have been to look in the wrong direction”. The expert witness added that Robertson had “few close relatives” and her husband was “severely unwell”, which was important as “it is often the spouses who bring you together” for a dementia diagnosis. “Talk to Concerns” Chief Constable Mark Dollard, from Cambridgeshire Police’s road policing unit, said: “This was an extremely tragic and sad incident and our deepest condolences go out to Louis’ family. “We carried out a thorough and exhaustive investigation, however, regardless of the verdict, nothing will bring Louis back and his family will have to live with this for the rest of their lives. “It is, however, a stark reminder of how important it is for anyone behind the wheel of a vehicle to be fit and able to drive safely. “I would urge anyone concerned about a family member or friend and their ability to drive to speak up, discuss your concerns with your loved one or alternatively speak to your GP who can raise their concerns with the DVLA.” Want a quick and special update on the biggest news? Listen to our latest podcasts to find out what you need to know.
