The family of a mum killed by a hit-and-run driver on holiday in Tenerife have launched a legal challenge against a judge's decision to scrap an investigation into her death. Michelle Exton, 50, was enjoying a family break in the Canary Islands when a white van ploughed into her and failed to stop on December 11 last year.
Her elderly mum Ann, 75, was also struck by the vehicle which mounted the pavement on a road near the resort of Golf del Sur in south Tenerife. Michelle suffered catastrophic head injuries and was rushed to hospital where she died four days later. Ann suffered serious rib injuries as well as cuts and bruises and spent a night in hospital before being discharged.
Spanish Police launched a hunt to trace the van driver but three weeks after the fatal crash a judge has now ordered the police probe to be closed down. Lawyers say the judge ‘stayed’ the investigation - meaning the case was closed and police were effectively barred from investigating further.
Following the decision Michelle’s family, including daughters, Sophia, 23, and Jess, 14, instructed legal teams back in the UK to help investigate. Law firm Irwin Mitchell have since filed court documents in Spain asking that a judge re-open the case. The family are now appealing for witnesses, including any British tourists on holiday at the time, to come forward with information about the collision.
Paying tribute to her mum, Sophia said: “Mum was the best mum me and Jessica could ever wish for. She was kind, loving and caring. While she was our mum she was also our best friend. Mum was a ray of sunshine, a role model, she always had a smile on her face and her door was always open.
"She was always there when we needed her but would also go out of her way to help others. Nothing was ever too much trouble for mum. Everyone loved her and she would light up the room. She really was beautiful inside and out. At times it almost doesn’t feel real that she’s been taken from us. However, we then feel the hurt and pain of losing her and the reality that she’s no longer here kicks in.
“The last couple of months have been such a mix of emotions. Hurt, pain, grief, anger. The decision to close the investigation has just added to the stress of everything. We’d do anything to have mum back in our lives but we know that’s not possible.
"Our focus now is on at least trying to honour her memory by getting the justice for mum that she deserves. We want the authorities to leave no stone unturned in trying to trace the driver. We’d be so grateful to anyone who came forward with information about the driver or the van.
"Lots of British people go to Tenerife on holiday, or have family that live there, so hopefully someone might have seen the van or the driver and come forward. However, we also appeal to the driver to find their conscience and come forward. This wasn’t a minor incident. My mum, who had so much to live for, was killed and a family ripped apart forever by his actions.”
Michelle and Ann were on a road leading from Las Chafiras to Golf del Sur in when the crash happened at about 8.30pm. Following the collision, the driver briefly got out of the vehicle and saw the couple on the ground, before driving off. The driver is described as a white man, approximately 5ft 8ins tall with a bald or closely shaven head.
The passenger side wing mirror of the white van fell off in the collision and was left behind at the scene. The family have been told that the police believe that the van could have been a Renault Traffic, a Nissan Primastar or a Vauxhall Vivaro. James Riley, specialist international serious injury lawyer at Irwin Mitchell, said: “Sophia and the rest of Michelle’s loved ones are devastated by her death and how what was meant to be an enjoyable holiday ended in such tragedy.
"The decision by the judge to stay the investigation has only added to their pain. Michelle’s family believe that the decision was made before a thorough and proper investigation could be carried out and has denied them the chance to see the driver brought to justice.
“While nothing can make up for their loss we’re determined to help Michelle’s family. Therefore, we call on the Spanish authorities to recommence the investigation, allowing Michelle’s loved ones to at least be provided with the answers they deserve and some form of closure.”
