4:23pm Monday 8th February 2010
By Court Reporter
A TRAVELLER who caused the death of a retired engineer by driving carelessly on a dangerous stretch of road just outside Hatfield claims he suffered a momentary lapse of consciousness when the fatal accident happened.
Michael Holmes, of Holwell caravan site, Hatfield, admitted causing death by careless driving after crashing his Ford Transit Tipper van head-on into a car being driven by James Crossley.
Holmes, 23, was on the wrong side of the road when he inexplicably ploughed into the Citroen CS Estate killing 69-year-old Mr Crossley, from Broxbourne.
Mike Dunne, prosecuting at St Albans Magistrates Court today, said Holmes was travelling from Hatfield along the A1000 Great North Road at 11.15am on Tuesday, August 25, last year, when his silver Ford Transit Tipper collided head on at around 50mph with Mr Crossley’s vehicle at Swanley Bar.
Holmes pleaded guilty, but the court heard he could remember nothing of the incident, or why he was on the wrong side of the road.
Holmes was disqualified from driving for six months in 2006 having accrued 12 penalty points. He received a fixed penalty in June 2008 for using a mobile phone while driving.
Mr Dunne said: “The Transit went around a left hand bend in the road and something happened while negotiating that bend or possibly immediately after exiting the bend - because the van crossed the central solid double white lines - to cause it to be travelling south in the wrong carriageway.
“What is tantalising is why was he in the wrong carriageway?
“We can eliminate a few things, but cannot say why. He has no recollection of what took him to the wrong side of the road.
“What there is evidence of is that the vehicle was being driven on the wrong side of the carriageway, which was responsible for the untimely death of Jim Crossley.”
Under recent legislation, at the crown court, a defendant can receive up to five years’ imprisonment for causing death by careless driving.
Mr Dunne argued that magistrates should send the case to the higher court to be dealt with as their sentencing powers are insufficient.
The court heard of the devastating effect Mr Crossley’s death has had on the family.
Mr Crossley was born in Enfield and worked as a specialist engineer until retiring aged 62.
He lived in Broxbourne with wife Pauline and had a son Andrew - another son, Michael, died aged just 20.
Mr Dunne said: “Mrs Crossley is at a loss and depended heavily on Jim for everything.
“He was pretty good around the house and always willing and able to help.
“Andrew would go on sea fishing trips with him and he will miss that.”
He added: “I told you that not to try and get sympathy, but it is right the court should know the consequences of this sort of case before committing to the crown court for sentence.”
Tim Scarisbrick, for the defence, said his client, who suffered a broken arm and ribs in the crash, was full of remorse and had offered his sincere condolences at the police station after his arrest and since.
Mr Scarisbrick said sentencing could be dealt with by the magistrates court bearing in mind all the factors, including an early guilty plea.
Having retired to deliberate, chairman of the bench Sue Hayman, said the offence should receive “greater punishment” than can be imposed at the magistrates court.
Miss Hayman committed the matter to St Albans Crown Court for sentence in March.
In the meantime an interim driving disqualification was imposed on Holmes, who was said to have driven little since.
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