The trial of an eco-campaigner, accused of driving at a car boot sale marshal some 4-and-a-half years ago, finally got underway at the Isle of Wight Crown Court today (Monday).
Garry Oates, 65, of Fort Street in Sandown, is accused of dangerous driving and assault occasioning actual bodily harm following an incident at an event at Sandown Airport on Saturday 26th June 2021.
He entered a formal not guilty plea in May 2022.
The trial against Oates – who calls himself ‘Captain’ – was due to begin, after many push-backs, earlier this year, but lengthy delays forced the matter to be adjourned once again, this time to just weeks before Christmas.
Following the swearing in of all 12 jury members, Crown Prosecutor Dilan Palomar delivered her opening statement in which the basic facts of the case – described as ‘serious’ – were laid bare.
The court heard how the victim in the case was working as a voluntary marshal, who, wearing Personal Protective Equipment (PPE) and wearing a high-vis jacket, was tasked with controlling traffic and ensuring that no vehicles entered the site off Scotchells Brook Lane in Lake.
Oates, driving his Mercedes 4×4, approached the road near the junction with Newport Road, wishing to turn towards Sandown Airport.
Ms Palomar told the jury that Mr Oates was told that it wasn’t permitted, and instead of driving off, as instructed by the marshal, he proceeded to make contact with the male at a speed between 5 and 10mph.
The victim, Mark Patterson, was allegedly struck by the front bumper of the vehicle, with the bonnet of the car making contact with his hip and head.
Captain Oates then left the scene, with Mr Patterson taken to St Mary’s Hospital, where he received treatment.
The 65-year-old was arrested at his home address the next day and denied the allegations in Police interview, offering a completely different version of events.
First to take the stand was Mark Patterson, who said the car boot was one of the first after the COVID-19 pandemic and that ‘everyone wanted to go’. He said he was there to advise the Lions Club, using his 7 years of experience in traffic management to aid in the running of the event.
When the car boot became too busy, the road was closed. To stop a further build-up of traffic, Mr Patterson coned the road off and placed 2 road closed signs, facing each direction of traffic, at the entrance to the junction.
Mr Patterson said he shouted ‘stop’ at the top of his voice as the Mercedes approached. A brief exchange followed before the vehicle headed towards Patterson, who said, ‘It started to drive backwards but then drove at me.’
The 54-year-old told the court ‘it hurt’ when he was struck by the vehicle with it leaving his head ‘spinning’.
He told the jury that he spent time at St Mary’s Hospital in the immediate hours after the incident and that he was re-admitted to hospital, where he stayed for some 10 days, a day or so later.
On behalf of Captain Oates, his solicitor questioned whether the signs that Mr Patterson had erected were actually visible, saying that her client hadn’t seen them. She also questioned if Mr Patterson had become agitated after ‘losing control’ of the traffic situation.
The jury is expected to hear from witnesses and Mr Oates himself tomorrow (Tuesday).
The trial, expected to last around 4 days, continues.
Why are people calling him ‘Captain’? If that’s not his name (albeit a self-imposed one), then surely it’s just pure arrogance of him expecting people to call him that, especially during a trial…
I love the Solicitor.
They are making an arguement that if a man in Hi-Vis is stood in front of you, it is okay to drive into them if the Road Closed signs are not visible.
Presumably if this is the case, significant Legal precedent is set here and Children can be legally run into IF there is no sign warnign that Children may be crossing.
This smells of desperation.
Captain Oates is going inside, and my be inside for some time
I’m finding this report to be very one-sided. It was over four years ago and the reporting is supposed to be unbiassed. If he’s found guilty then I’m sure he’ll get what’s coming, but has anybody considered that he may be found innocent. I’m interested to hear what his defense is.