Iwan Ynyr Roberts of Bro Llwyn said he thought he’d hit a dog when he 'felt a jolt' from beneath the Ford Transit pick-up truck
A father-of-two who said he didn’t see a pensioner in the road when he ran over her with his van, has been found guilty of causing death by careless driving.
Iwan Ynyr Roberts of Bro Llwyn, Pwllheli said he thought he’d hit a dog when he “felt a jolt” from beneath the Ford Transit pick-up truck.
But when he looked in his mirror, he saw a shoe and realised he’d hit a person.
Grandmother, Dorothy Jones suffered traumatic injuries to her head neck and chest as a result of the collision, which happened on Bryn Celyn Road near to the junction of Cavour Street in Talysarn, Gwynedd at around 4pm on July 17 last year.
During his trial at Caernarfon Magistrates’ Court today, 41-year-old Roberts said: “I feel awful about everything that has happened, it’s heartbreaking.
“There was nothing I could do.”
In a police interview, he admitted he had looked left, right, left again before “glimpsing” back to the right.
He said he felt “a jolt” from beneath his wheels but insisted he had not seen Mrs Jones.
Mel Hughes, prosecuting said it was the Crown’s case that the 70-year-old, who was out with her dog at the time, was “there to be seen.”
He said: “He should’ve seen her, he didn’t see her and in not doing so, he was therefore careless and caused the accident that’s killed her.”
Roberts, a carpenter by trade had been working for Pwllheli building firm, Kampala at a property nearby.
After finishing for the day, he left seconds after his colleague, Aled Parry who had made his way down Cavour Street just before him.
Giving evidence, Mr Parry said he had noticed Mrs Jones standing on the grass verge opposite the junction.
“When I was looking left and right, something just took my eye as I was turning out, it was a lady with a dog” he said.
“She seemed to be tending to the dog - bending over as if she was doing something to its collar or something. She was facing the road.”
Mr Parry said he and his colleague were wary of the “dangerous junction” because the view to the left was obstructed by a wall.
The day before, a car had come from the left at speed, making them more cautious of the junction.
Mr Hughes said: “The defendant was paying more attention to his left and insufficient to his right and emerged without due care and attention to his right.”
But the defence argued that Roberts’ caution in “creeping out” of the junction gradually, proved he was taking care and suggested that Mrs Jones could have been in a blind spot caused by the A-frame of the truck.
It was also suggested that Mrs Jones could have fallen into the road or been crouched down rather than walking, but there was insufficient evidence to conclusively prove either scenario.
There were also no direct witnesses to the incident.
But there was a difference of opinion between the evidence of two collision investigation experts who clashed over where Mrs Jones might have been in the road when she was struck, with one “firmly of the opinion she would’ve been seen,” and the other convinced she would not have been.
Urging the magistrates to throw the case out, defence barrister John Wyn Williams said: “This is an unusual case peppered with uncertainty, full of inconsistencies, full of immeasurable calculations, and supposition that I’m afraid is a dangerous game to play.
“Whatever happened, the court cannot be sure.”
But magistrates found Roberts guilty of careless driving saying he should’ve had “ample time” to avoid the collision had he been paying attention.
Chairman of the bench, Elfed ap Gomer told Roberts: “If due care had been taken, this would not have happened. Your actions directly caused her unfortunate death.”
Sentencing was adjourned until tomorrow morning.
http://www.dailypost.co.uk/news/north-wales-news/pwllheli-man-found-guilty-running-11991038
No comments:
Post a Comment