Man admits to death by careless driving (From St Albans & Harpenden Review)

Man admits to causing death of pensioner Matthew Winter by careless driving

10:16am Friday 10th February 2012 in News By Court Reporter

An 80 year old man was killed as he stepped off the kerb and walked into the path of an on coming car.

A court heard that pensioner Matthew Winter walked the same route every morning but, on that day last February, crossed the road just before he reached a crossing.

As he walked at an angle across the Lower Luton Road in Batford near Harpenden, he was struck by a car driven by a Polish shift worker heading back home to Luton.

Eight days later Mr Winter, who lived in Batford with his wife Joan, died from his injuries.

Last Friday the driver Poitr Kuszajewski appeared at St Albans crown court pleading guilty to causing the death of Mr Winter by careless driving.

He had earlier pleaded guilty in the magistrates court to driving at the time with just a provisional licence.

Peter Shaw, prosecuting, said it was 7am on the morning of February 10 and around half an hour before sun rise.

Passerby Peter Crane saw Mr Winter as he was struck by the Ford Focus.

He later told police how Mr Winter's head struck the car's windscreen and was thrown onto the ground.

Mr Crane said he estimated Mr Winter had been some 10 feet from the crossing when he started to make his way across the road.

The prosecutor said Mr Winter was known to be a careful man whose habit every morning was to use the crossing.

The court heard that the defendant, of Whipperley Ring in Luton, was making his way home after having just finished a night shift.

With him in the car was his wife, who was not a qualified driver, and the car bore no L Plates.

Mr Shaw said an investigation into the accident found the Ford Focus had been travelling at 30 mph and that either side of the road close to the crossing were street lights providing good vision for drivers.

A report into the circumstances concluded Mr Winter would have been in the driver's view when he started to cross the well lit road and "was there to be seen".

Beata Kopel, defending, said "Mr Kuszajewski wishes he could turn back time. Events of that fateful morning haunt him to this very day."

Miss Kopel said where the accident happened was an Esso petrol station which was a point of focus for drivers on the road who had to watch for cars entering or leaving the forecourt.

Passing sentence, Judge Michael Baker said it was possible that if Kuszajewski had taken his responsibilities more seriously that morning regarding his licence, his error could have been avoided.

He said the defendant had suffered from momentary inattention that morning and went on: "You caused the death of a worthy gentleman. You didn't see him until it was too late. By your plea you accept you could and should have seen him earlier."

He added: "I accept your remorse is genuine and deep."

He sentenced him to six months imprisonment suspended for 18 months and ordered him to carry out 200 hours of unpaid work.

Kuszajewski was disqualified from driving for two years and ordered to pay £1,200 prosecution costs. His licence was also endorsed.