Michael Cooper was driving an unmarked police car – which he treated ‘like his own personal vehicle’ – when he crashed into 50-year-old James Bane who died from his injuries
A former high-ranking UK police officer killed a dad-of-two in a crash while driving an unmarked police car.
Nottingham Crown Court heard ex-Detective Chief Inspector Michael Cooper was treating the car “like his own personal vehicle” and was advised more than a decade earlier not to drive.
Cooper, formerly of Derbyshire Constabulary, had been told by a neurologist in 2009 to inform the DVLA about past blackouts – but he failed to do so and did not tell his employer or insurance company, Derbyshire Live reports.
The 55-year-old was not wearing a seat belt and had five seconds earlier been on a phone call to his girlfriend when he caused the death of 50-year-old Nottingham psychologist James Bane and seriously injured a second pedestrian. The deadly crash took place in Egginton Road, Etwall, Derbyshire on September 28, 2021.
In a victim impact statement, Mr Bane’s widow stated that since her husband’s death she has felt “trapped in this truly hideous no man’s land” waiting for justice.
Jailing him for three years and seven months, Mr Justice Sweeting KC said: “The death of Mr Bane was a wholly avoidable tragedy.
“He was a much loved husband, father, family friend and colleague who devoted his professional life to helping children.
“The central issue in the case was why this collision happened?
“The prosecution accepts you suffered a loss of consciousness but it was dangerous for you to be driving at all because for many years before you suffered a number of unexplained blackouts.
“You had not told your insurance company or your employer. The fundamental issue is you continued to drive knowing you had suffered blackouts having been told not to.
“It was a risk you knew existed. In simple terms you chose to run the risk you might blackout at the wheel of a motor car without warning.”
Samuel Skinner, prosecuting, said Mr Bane was supervising the second victim as she read for her doctorate in educational psychology and both had gone to Etwall Primary School for her to see him work with three children.
The prosecutor said at around 11.30am, having walked back towards their parked car, they started talking.
Mr Skinner said: “Whilst the victims were working at the primary school the defendant was at Etwall Leisure Centre, just around the corner. On this day Michael Cooper was a Detective Chief Inspector with Derbyshire Police and was rostered to be on duty.
“He had driven an unmarked police car to Etwall Leisure Centre and parked in the car park before going inside.
“When he came out of the leisure centre, the defendant got back into the unmarked police car the defendant did not put on his seat belt, and drove off.
“The defendant’s journey was very short and lasted only a minute or so before the collision.”
Mr Skinner said at approximately the same time that Cooper got into the unmarked police car in the leisure centre car park, his Apple iPhone or Apple smart watch made a call to his girlfriend.
He said: “That call was not made using the car’s handsfree system. She said that she could not hear the defendant speaking during the call and that mobile phone reception in that area is poor. She sent the defendant a message expressing this.
“It is right that the phone call ended around five seconds before the collision. Around the time that the call ended, two witnesses in a car directly in front of the defendant ’s vehicle saw in their mirror that he was looking straight ahead and not holding a phone.
“They said that he was driving in a manner that they thought indicated impatience.”
Mr Skinner said: “The defendant would have had a good view of the road.
“Within those five seconds, the defendant’s car moved over to the left hand side of the road, the defendant almost fully depressed the accelerator pedal to the floor, and drove into the two parked cars belonging to Mr Bane and the second victim).
“She was hit first at around 28mph, and remembers flying through the air before landing painfully on the pavement surface. The defendant’s car then deflected off the kerb and shunted the two parked cars into one another.
“Tragically, Mr Bane was standing between them and was crushed. The defendant’s car came to a stop, having pushed the two parked cars further into the carriageway.”
The prosecutor said despite the best efforts of people at the scene and medics, Mr Bane died from his injuries. He said because Cooper was not wearing a seat belt he hit his head and was described by people as “looking out of it”.
Mr Skinner said the defendant was interviewed and in a statement said: “I felt absolutely fine when I got behind the wheel.
“All that I can say about the subsequent events, is that I believe I blacked out behind the wheel. This has never happened to me before when I have been driving.
“Prior to the blackout, I was not on my mobile phone or distracted by my Apple Watch or doing anything other than looking at the road ahead.”
Mr Skinner said: “He described the collision as ‘devastating’ and said that if he had thought that there was even a chance of him blacking out that day, he would not have gotten behind the wheel.
“On August 29, 2024, an accelerated misconduct hearing chaired by the Chief Constable of Lincolnshire Police took place.
“The Chief Constable found that the defendant had treated the unmarked police car as his own personal vehicle, without authorisation, repeatedly during 2021, including on the day of these offences.
“The defendant had carried passengers when not authorised, and claimed expenses for fuel for the unmarked car when already receiving an allowance for the use of his own car.
“The Chief Constable found that the defendant was a senior member of the constabulary and therefore a role model. But he had committed gross professional misconduct.”
Mr Skinner said: “Before the defendant committed these offences, he had experienced an approximately 20-year history of collapsing or falling unconscious on an unpredictable basis.
“His medical notes showed three separate such episodes before this incident in 2003, 2009 and 2012.
“Years before this collision, the defendant had been told by a consultant neurologist not to drive and to inform the DVLA about his blackouts. But he did not tell the DVLA about his blackouts and nor did he tell his car insurer.”
Mr Bane’s wife, Katherine, said their two children were just 14 and 16 when their father was killed.
She said: “He was a thoughtful, dedicated, respectful and greatly-missed educational psychologist.
“When James was killed everything I knew was ripped away and every part of my life came to an end.
“For nearly five years I have had to put my grief in a parcel and I have had to fight every day to keep going and keep plates spinning so my children’s lives can continue as normally as possible.
“I know you didn’t mean to kill James but you have shown no contrition or reached out to say sorry.
“Some of the delays over the past five years have been down to you and your refusal to allow access to records.
“For five years I have been trapped in this truly hideous no man’s land waiting for this day.”
Mr Bane’s daughter Anna described her father’s death as “losing the heartbeat of our family” while his son, Jacob called him “immeasurably kind, wise and loving”.
On what was supposed to be the first day of his trial, on Monday, July 6, Cooper pleaded guilty to causing death by dangerous driving and causing serious injury by dangerous driving.
He has no previous convictions.
Defence barrister Adrian Keeling KC told the hearing that his client has written a letter to the court in which he said he “has not stopped thinking about the impact, pain, loss and understandable anger” Mr Bane’s family and friends felt towards him.
He said: “He is truly sorry for the pain and devastation he has caused.
“It is accepted that in 2009 a doctor asked him to stop driving and to contact the DVLA and it is accepted he did not.”
Mr Keeling said the defendant has a son who requires care for his OCD and he also cares for his mother who suffers with Alzheimer’s.
He said with all of the factors, the court could get the sentence down to three years which, under new Government guidelines introduced in March of this year, means the judge could consider suspending it.
As well as the jail term, the judge disqualified Cooper from driving for five years.
IOPC Director of Engagement Emily Barry said: “Our sympathies remain with the family of Mr Bane and all those affected by his death. We also acknowledge the very serious injuries caused to the woman and the impact on her and her family.
“There is evidence to suggest ex-DCI Cooper made a conscious decision to drive, despite his condition, and also failed to inform the DVLA of his previous black outs despite written advice to do so on more than one occasion. He has now been held accountable for his actions and received a jail sentence.”
She added: “At the disciplinary proceedings stemming from the misuse of the police vehicle, the panel’s chair concluded that the conduct was serious, protracted and an abuse of position for personal gain. Such behaviour has the capacity to erode public confidence in policing. He would have been dismissed if still serving and has been added to the police barred list, preventing him from future employment with the police.”
