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A woman who was imprisoned for gesturing aggressively at a cyclist who then fell into the way of an approaching car will be permitted to challenge her conviction.
Auriol Grey, now 50, was captured on camera waving at retired midwife Celia Ward, 77, while yelling at her to ‘get off the f****** pavement’ in Huntingdon, Cambridgeshire.
This caused Mrs Ward to fall into the road and she was killed after being hit by a car in October 2020.
Grey, who has cerebral palsy and partial blindness, denied manslaughter but was found guilty after a retrial and was jailed for three years last March.
But at a hearing on Tuesday, three judges at the Court of Appeal gave Grey the go-ahead to challenge her conviction.
The court in London heard Grey was charged with unlawful act manslaughter – which requires an unlawful action to take place that caused death.
However, her lawyers told appeal judges that no such action was considered by the jury at Grey’s trial.
Dame Victoria Sharp, sitting with Mrs Justice Yip and Mr Justice Calver, said Grey’s appeal could be heard.
‘We are satisfied that the ground of appeal now advanced is arguable,’ Dame Victoria said.
The full appeal is now expected to be heard in May, with Grey also able to make a bid for bail.
The ruling comes after Grey’s Court of Appeal bid to reduce her sentence was rejected by different judges last May.
Miranda Moore KC, previously representing Grey, argued the sentence was ‘excessive’ and that an autism diagnosis secured 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 the green light for her to appeal against her sentence, concluding it was ‘not arguably manifestly excessive’.
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