A NORTH Shropshire man could face trial for causing death by careless driving – 10 years after it happened.

Shaun Gater, 41 and of Weston, near Wem, appeared at Shrewsbury Crown Court on Tuesday, September 17 charged with causing death by careless driving.

He had previously pleaded guilty to careless driving during an incident on the A41 in Sandford in 2014, which left victim Stewart Boden with serious injuries.

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However, in January 2024, Mr Boden died and Gater was re-arrested and charged by police with causing death by careless driving. He appeared before Telford Magistrates Court last month.

Paul Smith, appearing for Gater, asked for his client to not be arraigned on Tuesday – only to be identified – stating he could not advise completely until all evidence was served.

He said: “The complexity and unusual nature of this case means I will want to review the crown’s evidence when it is served in full for an application to dismiss.

“The relevant medical notes haven’t been served.”

Mr Smith added that he was unable to take instructions until relevant advice had been sought and said it ‘was like to be an experts’ case over causation’.

When asked by Judge Anthony Lowe on whether there was a time limit to such prosecutions, Mr Smith explained that causing death or serious injury by careless driving ‘did not exist in 2014’ and ‘many families felt unsupported’.

But, he added that ‘whether it should be coming back after 10 years is something to be explored’.

Phillip Mollans, prosecuting, set out the stage dates for the proceedings, with a potential fixed trial date of October 6, 2025, and explained that medical notes could have been sent to the coroner for an inquest.

Judge Lowe, addressing Gater, said: “This is an unusual case, I’ve no doubt, but it’s obviously very sensitive as someone has died.

“Nevertheless the law does require proof that the accident caused the death and it’s unusual to have a situation where the accident occurred 10 years ago.

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“Experts on both sides will be needed to give their thoughts and they have to set out agreement and disagreement.

“If there isn’t a case then Mr Smith can apply to dismiss.”

Judge Lowe also spoke to members of the victim’s family that while the court was ‘sensitive to their loss’, it had to follow ‘a proper cause’.