The family of Harry Parker have learned that the court case of the woman accused of causing his death could be dismissed.
Ivy Mwangi, from Redhouse, appeared at Swindon Magistrates earlier this year, charged with causing death by careless driving, causing death by driving while unlicensed and causing death by driving while uninsured.
The charges related to the incident on Akers Way on the morning of November 25 2022, when Harry died after being struck by a car that is said not to have stopped just days before his 15th birthday,
Mwangi, a carer, was arrested in November 2022 shortly after the incident and was charged in March 2024 just over a year and a half later.
She initially pleaded not guilty to causing death by dangerous driving at Swindon Magistrates Court, and she then pleaded guilty to driving without a licence at a later Crown Court hearing, but did not enter a plea to the other two charges.
At a further case management hearing on August 23, which Mwangi was not required to attend, her defence counsel Mr Simmons, represented by Ms Blackband, said he wanted to raise several legal arguments.
It was said that Mwangi's defence wanted to argue for the case to be dismissed, for potential abuse of process and for the negation of her guilty plea of causing death by driving a vehicle while uninsured.
As a result, Judge Jason Taylor KC agreed to a hearing on September 27, where the legal argument from the defence will be heard, the prosecution will have its say and then the judge will make a ruling on whether or not the case should proceed.
Judge Taylor warned Harry's parents and siblings, who were in attendance for the hearing, that whoever was presiding over the case on that day might not make a decision there and then.
It is not yet known what argument Mwangi's defence counsel might make for the case should be dismissed.
A trial is already listed for February 24, 2025.
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