Nicholas Morley car accident, Macedonia, May 2nd 2007

STATEMENT OF FACTS AS ISSUED PUBLICLY BY THE MORLEY FAMILY ON JUNE 8TH AS NICHOLAS WAS FREED.

• According to two expert crash investigators, the vehicle driven by Nicholas Morley was travelling at no more than 47mph (76kph) at the time of the accident

• The initial accident investigation was carried out by a professional Macedonian investigator. His findings were reviewed and confirmed by Dr Richard Lambourn, an established expert in the field

• Dr Lambourn was an accident reconstruction specialist at the Metropolitan Police Forensic Science Laboratory for 23 years (1973-1996) and is currently a principal consultant at TRL, an independent, not-for-profit transport research firm and consultancy. It was the firm that reconstructed the car crash that caused the death of Diana, Princess of Wales

• The cause of the crash was a second vehicle pulling out of a minor road without warning and into Nicholas’s path. The cause of the crash has not been disputed by the prosecution

• According to the defence expert witnesses, Nicholas had 1.6 seconds to respond to the second car’s sudden appearance, causing him to react reflexively and swerve violently to the left. The defence experts concluded that the accident would have been unavoidable at 30mph (50kph)

• The court declined to hear the evidence of the defence expert witnesses, although the testimony of the prosecution expert witness was heard

• Macedonia is party to the European Convention on Human Rights, Article 6 of which provides a detailed right to a fair trial. Under the Macedonian Criminal Code, the defence has a right to submit evidence

• The prosecution’s accident investigator is not a professional in this field. He admitted in court that he is currently unemployed. He further admitted in court that the police sketch of the crash site on which he based his findings is inaccurate

• Dr Lambourn concluded that the accident investigation report relied on by the prosecution is “fundamentally flawed in its physical and mathematical reasoning.” He further concluded that it was “quite impossible” that Nicholas’s car was travelling at the 100mph (161kph) alleged by the prosecution

• The family of the Mr and Mrs Cepunjoski, who were tragically killed in the crash, have called for the court to release Nicholas

• Following the accident, Nicholas and his passenger, Matthew McConville, attempted to disentangle the vehicles and offer what assistance they could. They only left the scene after the injured persons had left the scene in local vehicles. Nicholas and Matthew then travelled to the border to alert the police

• Nicholas Morley and Matthew McConville spoke to the investigating judge at Qafasan, on the Macedonia/Albania border

• Nicholas Morley did not try to flee the country. He was released on bail, with no conditions or restrictions attached. He was free to leave the country

• Nicholas Morley, 30, is not a millionaire; He does not work in property

FURTHER NOTES TO THIS CASE BELOW

If you use the attached link you can also find a video link which shows the court proceedings as Nicholas Morley is freed.
If you play this there is an interesting shot of the 2 cars as they finally ended up alongside the road.
In my humble opinion the Porsche is so close to the road as to have only been travelling relatively slowly at time of the crash.
I also know from Nicholas Morley ( having spoken to both him and Matt) that neither of the 2 passengers in the VW were wearing ( mandatory in Macedonia) seat belts when they pulled them out of the stricken vehicle after the crash.
I also know that there was a pole which was knocked down by the VW as it slid off the road which probably caused that car to crumple.

http://www.a1.com.mk/vesti/default.asp?VestID=80320

Or check out the video directly at

http://media.a1.com.mk/media/video/07/morli-presuda.wmv

Cheers,from Macedonia.

1/ The accident was caused by the Golf’s driver who did not stop at STOP sign and drove straight out into the main road and on the wrong side
2/ The Porsche was not travelling fast and the UK forensic scientist’s official report (of which I have an attested copy)states it was approx 44 mph.
3/ The Gumball drivers were uninjured due to their air bags and the low speed of the indirect impact, and did immediately help remove the 2 injured local persons and place them into 2 passing cars in order for them to get to hospital as soon a possible.
4/ The damage to the 35 year old VW was due to it rolling into the tree and collapsing on the passengers, not due to the actual indirect angled impact. I am not sure if they were wearing seatbelts, or even whether these were fitted to the VW.
5/ An angry crowd appeared after some 15 minutes or so and began threatening the Gumball guys. When a ‘’safe car’ appeared they stopped it and asked for a lift to the nearest police station, to be safe.
6/ This station happened to be only 1-2kms away at the border where they immediately reported to the officers all the details of the accident and the injured parties.
7/ After recording full statements they were told ‘’free to go'’. No problems etc .
8/ The VW driver died of a heart attack some time later and his wife was still in intensive care with lung damage.
9/A court hearing was called and the judge reviewed the whole matter, visited the accident scene and gave both men bail,their passports back and told them they were free to leave. No mention was made of not being allowed to leave Macedonia.
10/ Nicholas and Matt decided to ensure ‘’true facts'’ were recorded so asked to buy the wrecked VW which had mysteriously disappeared ( not by the Police). When finally obtained some days later it had every moveable part stripped and was just a crumpled shell left. It remains locked in their posession as evidence.
11/ The damage to the Porsche is not bad. Just all the plastic bumpers and spoilers etc at the front of the car whch had actually ended up only some 10 metres off the road thus proving no high speed accident!
12/ Nicholas’s family decided to remove him to a safe country as soon as posible and (foolishly) hired a plane that evening rather than hope to catch a normal airlne the next day. This backfired as the authorities were not used to ‘private aircraft’ and thought it suspicious.An over zealous airport official’s phonecalls to his bosses started a witch hunt!
13/ They then (illegally)arrested Nicholas at the airport with no charges, locked him up for 18 hours without food or telephone or a lawyer and refused to inform the British Embassy . Matt (passenger) was allowed to leave!
14/ A so called accident expert produced a report claiming the Porsche was travelling at 160kms per hour. The ‘’expert'’ would not state his credentials, would not allow the defence lawyers to watch his investigation nor see how his calculations were produced. Locals claim he is currently unemployed and used to be a cab driver!
15/ Based on this report the prosecutor issues a formal charge of Reckless Driving. He refuses to even read the UK expert’s formal and validated report which concludes only a 70 kms per hour speed for the Porsche!
16/ Nicholas has been locked up in a pre-trial detention centre for 4 weeks (illegally) and bail is repeatedly refused.
17/ In court the defence destroy the credibility of Prosecution ‘expert’ but Judge refuses (twice) to even read or accept any defence evidence whatsoever!
This is the most gross example of Miscarriage of Justice I have ever witnessed in my life, and belies belief.
18/ UK Consul makes protestation to local Judge. Judge wants to wrap up case and deliver a judgement without having heard the defence expert evidence.Defence ask for more time .

CONTINUES…………….

Regardless, the event’s organizers need to police the entrants. They could always use the in-car satellite devices to determine the cars’ speed and kick out participants that speed excessively. Rumors were that the 10th Rally would go from London through Moscow, North & South Korea, and end in Sydney. If it is run, it better be done with strict safety regulations. I love the idea of traveling 3000 miles in 7 days, but not at risk of death.

Apologies and deepest condolences to the family concerned for the idiotic behaviour demonstated by a British citizen. I only hope that the answers you search for are found and that justice prevails.

Do you think the drivers of the VW even heard of Gumball 3000?

You can’t just close your eyes to something like this LU. You can’t just change the channel and make it go away. And you definately can’t bring back the lives of the two people who were killed by the negligence of Gumball organizers and participants.

Nuf said.