A Tooting woman branded British justice "a disgrace" after her compensation bid for witnessing the death of a policeman was thrown out of the High Court.

Elizabeth Fagan, 39, from Topsham Road, would have made legal history if she had gained six-figure damages

for the Post Traumatic Stress Disorder (PTSD) she has suffered following PC Roger Franklin's death in a motorcycle accident.

The case was brought against Graham Goodman who, at a separate trial, was found to have been driving negligently and may have caused the accident in 1995 in which PC Franklin was killed.

Mrs Fagan, who was travelling behind Mr Goodman, was forced to swerve. She hit the kerb and suffered neck pain.

Explaining his judgement, Mr Justice Turner said: "The claimant has failed to prove that she suffered any significant injury when her car struck an object when pulling it off the carriageway in the aftermath of the accident to the policeman."

He concluded that Mrs Fagan suffered a "psychological insult" on seeing the dead policeman, but added that her "unreasoned and continuing fury" that the defendant was not properly dealt with by the police has fuelled her state for the past six years.

Speaking exclusively to the Guardian after the judgement was made, Mrs Fagan said: "British justice is an absolute sham. I'm totally disgusted with how I have been treated.

"I was involved in that accident hurting my back and still thinking I've got to go and help that poor man.

"I go and do my duty and I'm treated like that."

Mrs Fagan added that the money would have paid for a clinic to treat her PTSD.

Referring to the nightmares from which she still suffers, she said: "Apart from the physical side that I control with Morphine, it's the mental side. It's as bad as it's ever been."

December 5, 2001 16:30