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Jail warning after driver cleared | Jail warning after driver cleared |
(about 3 hours later) | |
The family of a couple killed in a crash say they are upset that a lorry driver has been acquitted of causing their deaths by dangerous driving. | The family of a couple killed in a crash say they are upset that a lorry driver has been acquitted of causing their deaths by dangerous driving. |
Istvan Kotorman, 48, of Shrewsbury, Shropshire, admitted the lesser charge of causing death by careless driving and has been warned to expect jail. | Istvan Kotorman, 48, of Shrewsbury, Shropshire, admitted the lesser charge of causing death by careless driving and has been warned to expect jail. |
Kenneth Davies, 79, and Daisy Davies, 77, of Powys, died in April last year. | Kenneth Davies, 79, and Daisy Davies, 77, of Powys, died in April last year. |
Dyfed-Powys Police said the couple's relatives were "very unhappy" with the jury's verdict at Mold Crown Court. | Dyfed-Powys Police said the couple's relatives were "very unhappy" with the jury's verdict at Mold Crown Court. |
Kotorman, a Hungarian who has more than 20 years' lorry driving experience and no previous convictions, told the court he did not see the Welshpool pensioners' car when he turned right. | Kotorman, a Hungarian who has more than 20 years' lorry driving experience and no previous convictions, told the court he did not see the Welshpool pensioners' car when he turned right. |
The jury heard that he was wearing sunglasses and he had gone from an area which was bright and sunny to a cloudy location and his eyes had needed time to adjust. | The jury heard that he was wearing sunglasses and he had gone from an area which was bright and sunny to a cloudy location and his eyes had needed time to adjust. |
I looked if anything was coming.. I could not see anything and slowly turned Istvan Kotorman's evidence to the court | I looked if anything was coming.. I could not see anything and slowly turned Istvan Kotorman's evidence to the court |
From the outset of the case he accepted that he was responsible for the couple's death, the court heard. | From the outset of the case he accepted that he was responsible for the couple's death, the court heard. |
Speaking on behalf of the couple's family, police family liaison officer Pc Suzanne Duncan said: "The family are very unhappy with today's verdict, but are too distressed to speak at the moment. | Speaking on behalf of the couple's family, police family liaison officer Pc Suzanne Duncan said: "The family are very unhappy with today's verdict, but are too distressed to speak at the moment. |
"They may issue a statement after Mr Kotorman is sentenced." | "They may issue a statement after Mr Kotorman is sentenced." |
Mr and Mrs Davies were travelling to visit a relative when their car was involved in the collision on 8 April, 2008 at a junction close to the village of Llandrinio on the Powys-Shropshire border. | Mr and Mrs Davies were travelling to visit a relative when their car was involved in the collision on 8 April, 2008 at a junction close to the village of Llandrinio on the Powys-Shropshire border. |
Kotorman, who moved to the UK to work and to start life afresh after a relationship ended, had been driving his tipper lorry used to carry road surface material from a local quarry. | Kotorman, who moved to the UK to work and to start life afresh after a relationship ended, had been driving his tipper lorry used to carry road surface material from a local quarry. |
He told the court that he had travelled that road hundreds of times and that morning had made deliveries to Walsall and Chester. | He told the court that he had travelled that road hundreds of times and that morning had made deliveries to Walsall and Chester. |
He was travelling very slowly, about five or 10 mph (5-16 kph), and as he approached the junction he saw two lorries ahead of him turn right. | He was travelling very slowly, about five or 10 mph (5-16 kph), and as he approached the junction he saw two lorries ahead of him turn right. |
He said he had indicated to turn right and went into the middle filter lane. He saw nothing ahead and turned. As he was turning it became cloudy. | He said he had indicated to turn right and went into the middle filter lane. He saw nothing ahead and turned. As he was turning it became cloudy. |
Kenneth and Daisy Davies were on their way to visit a relative | |
If he had seen the car then he could have stopped, he said. | If he had seen the car then he could have stopped, he said. |
"I looked if anything was coming. I could not see anything and slowly turned," he told the court. | "I looked if anything was coming. I could not see anything and slowly turned," he told the court. |
He said the first time he saw the car was when they crashed. He felt the collision first and then saw the car. | He said the first time he saw the car was when they crashed. He felt the collision first and then saw the car. |
The court heard that the couple died of their injuries. Mr Davies had braked sharply but had no chance and crashed into the front of the vehicle. | The court heard that the couple died of their injuries. Mr Davies had braked sharply but had no chance and crashed into the front of the vehicle. |
John Wyn Williams, prosecuting, had argued that the defendant "quite simply cut across their path". | John Wyn Williams, prosecuting, had argued that the defendant "quite simply cut across their path". |
He told the court: "The prosecution say that when you look at the driving, the prevailing conditions at the time, the lay-out of the road, there can be only one conclusion, that the manoeuvre that the defendant took on that fateful morning was indeed dangerous." | He told the court: "The prosecution say that when you look at the driving, the prevailing conditions at the time, the lay-out of the road, there can be only one conclusion, that the manoeuvre that the defendant took on that fateful morning was indeed dangerous." |
Mark Roberts, defending, said, it was careless or inconsiderate driving - a momentary lapse and a mistake anyone could have made. | Mark Roberts, defending, said, it was careless or inconsiderate driving - a momentary lapse and a mistake anyone could have made. |
'Custodial sentence' | 'Custodial sentence' |
Judge John Rogers QC had previously said at a pre-trial review that he believed that causing death by careless driving was the appropriate charge in the case. | Judge John Rogers QC had previously said at a pre-trial review that he believed that causing death by careless driving was the appropriate charge in the case. |
After the jury had returned a unanimous verdict, following a half-hour deliberation, he said: "I expressed views which accord with the decisions you have made some time ago in this case. | After the jury had returned a unanimous verdict, following a half-hour deliberation, he said: "I expressed views which accord with the decisions you have made some time ago in this case. |
"But the CPS very properly decided that it could be determined by a jury. That is why you tried it." | "But the CPS very properly decided that it could be determined by a jury. That is why you tried it." |
He told Mr Roberts that a custodial sentence for his client was almost inevitable. | He told Mr Roberts that a custodial sentence for his client was almost inevitable. |
However, he said that the gravity of causing death by dangerous driving with a maximum 14-year sentence was very different to causing death by careless driving, which had a maximum of five years. | However, he said that the gravity of causing death by dangerous driving with a maximum 14-year sentence was very different to causing death by careless driving, which had a maximum of five years. |