Solicitor Wins Appeal Against Road Rage School Run Assault

Not Guilty: John McLarney

A solicitor convicted of a road-rage assault on a school run mum won his appeal and the return of his good character today.

John McLarney, 64 - a partner with 100 year-old Dodd Lewis Solicitors - had been accused of dragging the complainant alongside his car during a screaming row.

He had been ordered to wear an electronic ankle tag to enforce a three-month night-time curfew after his conviction. 

The three children in the back seat, aged eleven, eight and six years-old, screamed in terror during the heated confrontation.

McLarney, of The Landway, Kemsing, Sevenoaks denied, but was convicted of assaulting Lyndsey Gunning near St. Olave's Preparatory School in Southwood Road, Eltham on March 13, last year.

Jane Green & Lyndsey Gunning

He was also convicted of driving his blue Vauxhall Astra without due care and attention and failing to stop after an accident.

At Woolwich Crown Court today the Crown Prosecution Service announced they were no longer in a position to continue.

As a result McLarney's appeal was allowed and he was cleared of the three offences.

McLarney denied speeding as he approached the women's car and speeding away with his wheels screeching.

His lawyer Mr. Edward Henry told the court during the sentencing hearing: "He is self-effacing and mild-mannered. This is a bewildering episode in a blameless life.

"He's been in practice thirty-eight years without even a warning and has now lost his good character, his reputation and maybe his job."

The conviction will be reported to the Solicitors Regulation Authority (SRA).

"He has been disbelieved on oath and that goes to integrity, it undermines his career. He is the compliance officer at his firm.

"The loss of reputation is a significant punishment itself.

"He is looking towards his legacy and what he stands for and this has been a severe dent in how people see him.

"He has brought all this on his head and since he was notified of prosecution in August last year there has not been a day he has not been traumatised by the prospect of it.

"The SRA will take its own course and that stigma and humiliation will be great."

Sentencing McLarney, District Judge Louise Balmaine told him: "I regard this as a particularly serious incident and it is only sheer luck this lady, who was dragged alongside a moving vehicle, did not suffer severe injuries.

"I take into account this was a moment of madness on your part and even though I excluded custody previously in the cold light of day I regretted that."

McLarney, who repeatedly shook his head on hearing the sentence, was told to obey the curfew between 9pm and 6am, pay a £500 fine, with £620 costs, £200 compensation to Mrs Gunning and a £60 victim surcharge.

He was also disqualified from driving for six months.

As a result of his successful appeal McLarney will no longer be subject to this sentence.

McLarney, who works in Blackheath, was forced to stop during his 8.40am journey when a vehicle, driven by Mrs Gunning's sister Jane Green, blocked the road.

Black cab driver Mrs Gunning was a front seat passenger and told the court: "This car came from nowhere, racing up the road. 

"It was so quick we could not get out of the way. I thought it was going to hit us.

"It came to a stop within a feet of our vehicle. Everyone was gasping, we all thought: 'This is going to be a crash.'

"Everything got a bit heated. My sister was motioning to him and he was quite aggressive.

"There were some choice words and some finger gestures as well.

"I remember the gentleman putting one finger up and I think it was a response to my sister putting two fingers up.

"My children were going crazy in the back, they thought the car was going to hit us. They were screaming.

"I got out of the car and did swear: 'What the f*** do you think you're doing?'

"There is a school within fifty yards and a lollipop lady.

"He was very angry, very angry towards me.

"He got hold of my fleece and his wheels started screeching, it was so loud and he was staring at me.

"I was thinking: 'What's going to happen?' and he just put his foot down.

"I said to him: 'What are you doing?' and tried to run to keep up with the car.

"He let go of me and sped off up the road. I was in a lot of shock.

"I went to the doctor and had a mild whiplash injury. I was aching because of the position my body was put into.

"The back of my neck and top of my shoulders were aching."

She admitted starting the row by saying: "I'm not having this," but added: "I'm a five-foot nothing woman and my seven year-old still asks me about it."

Her sister Jane, who was driving her eight year-old son along with Lyndsey's kids, told the court: "He had his window wound down and said I was a 'f***ing idiot.'

"He used the word: 'c***' to me and stuck his middle-finger up."

Jane admitted swearing at McLarney and watched as her sister approached his open window.

"I thought he was going to hit her. He sort of lunged forward and I realised he grabbed her coat up high.

"I just heard the screech of the wheels and she was dragged along and was running alongside the car.

"There was a noise and it just sped. She was trying to keep up with the vehicle so she didn't fall over."

She estimated her sister was dragged two car lengths.