A trial has heard that a then-20-year-old driver 'swerved and accelerated' to avoid the body of a man his cousin had just fatally struck, before driving away. Shaun Davies, 40, was killed in a traffic collision on Stockport Road in Ashton-under-Lyne just before midnight on April 24 2024.
At Manchester Crown Court on Monday (November 9), jurors were told that Omar Shah's vehicle, a silver Toyota Yaris, did not make contact with Mr Davies, who was struck by a white BMW 1 series driven by Omar's cousin, Bilal Shah. Prosecutors argued that Omar Shah 'shares the same responsibility and culpability' for Mr Davies' death, claiming the pair were 'driving competitively' and 'racing' moments before the collision.
Prosecution alleges racing and speeding
Omar Shah, 25, of Bollington Street in Ashton-under-Lyne, denies causing death by dangerous driving. Prosecutor Colin Buckle told jurors that the two cousins were 'tailgating, speeding and racing' each other on the carriageway prior to the collision, where the speed limit is 30 miles per hour.
Neither driver stopped at the scene, with Omar Shah captured on CCTV 'swerving' to avoid Mr Davies' body before accelerating away. Jurors were shown body-worn footage of Bilal Shah handing himself in at 3:30am the next day, admitting to being the driver of the BMW. He was seen crying to officers and claiming that Davies 'just came out of nowhere' and he 'tried to swerve out of the way'.
However, the prosecutor told jurors that Bilal Shah failed to appear at Tameside Magistrates Court after being bailed in 2024 and has not been seen since, with active police enquiries 'both at home and abroad' underway to locate him.
Details of the collision
Mr Buckle told jurors: "Omar Shah did not make contact with the victim, but he shares the same responsibility and culpability as Bilal Shah. They were racing, driving competitively and dangerously, and it brought about Mr Davies' death."
The two cousins were driving along Stockport Road to the southwest of Ashton town centre, which has three lanes with two splitting off towards Manchester Road leading to the M60. Conditions were said to be dry with good visibility, with street lamps and surrounding businesses providing 'ambient lighting'. The two vehicles were travelling along Margaret Street, through a green traffic light, with Omar Shah's Toyota in front.
"The two cars were tailgating each other and speeding as they continued along the road," Mr Buckle said. "The BMW then moved into lane two and overtook Omar Shah, with both vehicles travelling significantly above the speed limit. The BMW moved back into lane 1 and continued to accelerate."
Aftermath and investigation
At the same time, Shaun Davies could be seen on CCTV jogging along the pavement on Stockport Road. He reached the pedestrian crossing and began to cross, reaching halfway across when the BMW collided with him, jurors heard. "Shaun Davies was propelled 26 metres along the road, making contact with metal railings along the side of the road before coming to a stop on the floor," Mr Buckle said.
Neither vehicle stopped at the scene, with the BMW pictured swerving and travelling in the opposite lane before back into the left-hand lane. "Omar Shah had seen exactly what happened," Mr Buckle said. "He swerved to the right to avoid the body and continued driving. They both accelerated away. Mr Shah did not strike Mr Davies but he is guilty of the same offence, the driving being dangerous, involving competitive racing. He knew what happened and drove away."
Bilal Shah drove to nearby Gerard Close where he was seen on CCTV walking around and 'inspecting' the vehicle, then walked in the direction of the crash. Omar Shah returned to his home on Bollington Street, and Mr Buckle said: "He turned his lights off upon turning into the street. This was so no witness could say they saw him. He knew he was involved in this offence."
Bilal Shah turned himself in and handed police his car key, while Omar Shah was later identified, arrested and interviewed on April 30 2024 and in March 2025. "At the end of this trial you will be sure that the pair were racing, and are both responsible for causing Sean Davies to lose his life," Mr Buckle told jurors.
The court was then played CCTV footage of the movements of the white BMW and the silver Toyota on the night of the collision, and of Bilal Shah turning himself in. Mr Shah watched on from the dock, while Mr Davies' family left the court while clips of the collision were played.
Pc McColl of Greater Manchester Police then began giving evidence, telling jurors that investigators can estimate vehicle speed from CCTV footage by comparing the passing vehicle to stationary objects visible in the footage. He also said that laser scanners were used to create a 3D model of the scene of the crash, which included mirror glass, plastic debris, clothing and blood. The windscreen of Bilal Shah's vehicle was smashed and damaged, he continued, and confirmed that there had been no contact between Shaun Davies and Omar Shah's vehicle. The trial continues.
