A driving instructor who suffered life-changing injuries in a motorcycle crash has slammed police following the decision not to take action over the crash because police lost some vital paperwork.

Mitch Peeke still suffers from limited mobility 10 months after the crash at Four Elms roundabout in Wainscott, which left him needing surgery to save his shattered leg.

But the 58-year-old says he was left in disbelief after being told by police paperwork had been lost and they could not pursue a prosecution over the case.

He has now written an open letter to Chief Constable Alan Pughsley to recount the crash and relay the "farce" that unfolded during the course of the investigation.

In it he describes how he had been approaching Four Elms roundabout from the Strood side, at around 10am on September 1, last year.

"I saw other vehicles coming round the roundabout, so I naturally slowed down and stopped.

"I selected first gear, ready to move off again as soon as it was clear," he writes. "Suddenly, I was hit from behind, rather forcibly, by a woman in a blue '04' plate, Mercedes 220.

"I was pitched violently forward by the impact and the bike; all 650lbs of it, came down on my right leg, crushing the leg, smashing the ankle and pinning me to the ground.

"Petrol (I had literally just filled the tank) was now pouring out of the bike's tank and flowing very rapidly towards me. Luckily, the bike's immobiliser had cut the engine off immediately.

"As the wrecked bike was lifted off me by three people, it was immediately obvious that my lower right leg and ankle were both totally smashed.

"Blood was already flowing freely, to mix with the petrol on the road. The woman who'd hit me was by this time, out of her car and kneeling beside my head.

"Obviously distraught, she was saying 'I'm so sorry, I just didn't see you!' over and over again. Then she told me not to worry, everything would be alright. I wasn't so sure, but I was only going by the sheer agony I was in at that moment."

"It was immediately obvious that my lower right leg and ankle were both totally smashed..."

Among the first on the scene was a trainee paramedic named Ellie - who Mr Peeke described as "an angel" - and carried out vital work to stop him losing blood and stop him moving his badly-damaged leg.

He was then taken to Medway Maritime Hospital where he had a two-and-a-quarter hour operation, and remained for 11 days - although the road to recovery would prove much longer.

"It proved to be a long and torturous journey and it's far from over yet," writes Mr Peeke.

"Although I can now walk, I cannot do it properly and I walk a lot slower than I used to. Nor can I kneel or even jog, let alone run.

"The combination of severely damaged nerves and permanently installed surgical metalwork, precludes such activites from ever taking place again. "Meanwhile, the farce continued."

In the meantime, the police had discovered the driver of the car had been uninsured, writes Mr Peeke, and a criminal investigation ensued.

Over the coming months communication from the police painted a confused picture, with letters stating no action was being taken followed by messages stating charges would be made.

Finally in May, Mr Peeke, of Avery Way, Allhallows, received a final email explaining charges could not be made because a report was lost.

"I regret to inform you that no action was taken against the driver," it said.

"According to records our department did not receive the offence report from the officer in the case to enable us to progress the matter within the mandated six-month statutory time limit.

"As such (the driver) has not been prosecuted. Inquiries with the officer in the case have revealed the report was mistakenly sent to the wrong department and we have not been able to re-locate it.

"I know this will be viewed by you as a very disappointing outcome and certainly not the one you would expect, and I apologise on behalf of the force for the error that has led to this outcome."

Mr Peeke has since made an official complaint.

“Meanwhile I am forced to live with the consequences of that woman’s actions on a daily basis and for the rest of my life,” he writes to the chief constable.

“I am now left with a marked degree of nerve damage, a deformed leg that drags a little when I walk, an ankle that still grinds and chafes internally, plus there isn’t a day that goes by that I don’t have a degree of pain.

"Of course I have the surgical metalwork permanently in place and I also have two dead fingers on my right hand from the impact."

To add further insult to injury, Mr Peeke notes that his wife, a carer, has since received a letter stating she will be prosecuted for breaking the speed limit, having been caught doing 38mph in a 30mph zone while taking shopping to his elderly mother.

And while he says he doesn’t condone speeding he adds: “If Kent Police take her doing 8mph over the speed limit that seriously, then how on earth can they possibly justify their failure to prosecute a (driver) who was caught by them at the roadside, at the scene of a serious crash.

"That surely is a question very much ‘in the public interest’ is it not?”

A statement from Kent Police confirmed officers attended the collision, adding: "Following an investigation, the injured rider was informed on May 22 there would be no further action regarding the incident as the time limit for any prosecution had passed.

"As he has made a formal complaint, it would be inappropriate to comment until the complaint has been reviewed and the complainant has been updated with the findings."

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