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Pitt’s jail term quashed

Tracey Pitt during her trial.

A woman found guilty of running over twin brothers has had her conviction lifted following an appeal.

Tracey Pitt, 51, was last year sentenced to three months in prison for two counts of causing grievous bodily harm by reckless driving and one count of refusing to submit to a breath test, but the Court of Appeal recently overturned the grievous bodily harm convictions.

And while the conviction for refusing a breath test was confirmed, the sentence was reduced to the ten days in prison already served by Pitt while was awaiting her sentence.

The court also reduced her period of disqualification from driving by six months, dropping it from 18 months to one year.

Pitt, an assistant auditor general, was arrested in the early hours of January 29, 2012 after her car struck 36-year-old twins Rudolph and Randolph Smith on Woodlands Road, Pembroke, near the junction with Canal Road.

She told officers on the scene that she had not seen the brothers and, while she had two glasses of wine earlier that evening, she was not impaired.

During her trial the victims told the Supreme Court they could not recall the collision itself but forensic investigators testified the brothers were sitting, stooping or lying in the road when they were struck and subsequently dragged 40 feet down the road.

Prosecutors said the road was well lit on the evening in question and Pitt should have been able to see the men from a distance but Pitt told the court she had been blinded by the lights of a passing vehicle.

A jury found her not guilty of causing the twins grievous bodily harm by driving while impaired but convicted her of the lesser offence of causing the injury by reckless driving.

Pitt subsequently launched an appeal against both her conviction and her sentence, with lawyer Elizabeth Christopher arguing that the trial judge erred by suggesting to the jury they could convict on the basis of a “momentary lapse”.

Ms Christopher said the only evidence of reckless driving in the case was Pitt’s own admission that she had drunk wine earlier in the evening but the jury had found her not guilty of driving while impaired.

• An earlier version of this story erroneously stated that Puisne Judge Carlisle Greaves had been the original trial judge, but the trial was actually presided over by Acting Justice Juan Wolffe. We apologise for the error.