# Driver 'hit and killed cyclist while looking at mobile' (Newbridge)



## glasgowcyclist (19 Aug 2014)

From the BBC:

_A minibus driver who was looking at photographs on his mobile phone hit and killed a cyclist, a court has heard.

Andrzej Wojcicki, 44, of Blackwood, was reported to have been looking at pictures of vintage sports cars when he knocked Owain James off his bike on the A472 at Newbridge.

Mr James, from Oakdale, hit the bonnet and windscreen before falling onto the road, Cardiff Crown Court was told.

Mr Wojcicki denies causing death by dangerous driving in July last year.

The jury was told Mr Wojcicki was driving at 50mph.

Prosecutor Nicholas James said: "The driver never saw the cyclist because he was distracted until after he collided with him.

"Because Mr Wojcicki was driving dangerously, he caused the death of Owain Richard James. 

"It is as simple as that. You do not take pictures while you are driving along and then look at them.

"The minibus seemed to be drifting about slightly as if he was distracted.

"He never braked and he did not stop for some considerable distance after the collision."

Mr Wojcicki had told police officers that Mr James had swerved out in front of his left-hand drive minibus.

The trial continues._​ 

GC


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## growingvegetables (19 Aug 2014)

Even more harrowing reading - http://www.walesonline.co.uk/news/wales-news/minibus-driver-looking-pictures-mobile-7632684


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## glasgowcyclist (19 Aug 2014)

growingvegetables said:


> Even more harrowing reading - http://www.walesonline.co.uk/news/wales-news/minibus-driver-looking-pictures-mobile-7632684


 
I saw that too. What caught my eye was the statement from the Landrover driver in which he quite deftly removed any 'low sun' excuse, and made it clear the cyclist had done nothing wrong.

_"Matthew Smallman, 41, from Pontypool, was driving his Landrover to Pontypridd when he witnessed the incident.
Mr Smallman, himself a keen cyclist, said the bike was being ridden "perfectly properly" and not wobbling or swerving. He said the cyclist looked fit, but was not wearing a helmet or a high visibility jacket.
He added: "It was a beautiful day, it was not raining and the road was bone dry. I did not have my visor down, so there was no sun in my eyes. The road was clear.
"The minibus did not alter its course at all and no brake lights came on. The minibus ploughed into the cyclist."
Mr Smallman said he believed the minibus was not going to stop, but it did eventually come to a halt 125m after the site of the collision. He told the court the driver then got out and started taking photographs._​ 
GC


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## numbnuts (19 Aug 2014)

So why have they got to print this then 


> but was not wearing a helmet or a high visibility jacket.


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## deptfordmarmoset (19 Aug 2014)

numbnuts said:


> So why have they got to print this then


And there's a good chance that Mr Smallwood would have been asked about the cyclist's appearance. The quotes are not continuous and move from cyclist's behaviour, to weather conditions and then on to the minibus and driver after the collision.


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## Crankarm (21 Aug 2014)

glasgowcyclist said:


> I saw that too. What caught my eye was the statement from the Landrover driver in which he quite deftly removed any 'low sun' excuse, and made it clear the cyclist had done nothing wrong.
> 
> _"Matthew Smallman, 41, from Pontypool, was driving his Landrover to Pontypridd when he witnessed the incident.
> Mr Smallman, himself a keen cyclist, said the bike was being ridden "perfectly properly" and not wobbling or swerving. He said the cyclist looked fit, but was not wearing a helmet or a high visibility jacket.
> ...



What a complete and utter c**t! I know it won't happen but I hope the f****r is jailed and the key is thrown away.


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## Apollonius (22 Aug 2014)

Read this dreadful story this morning and then went off by car to do a food shop. I was still pondering what kind of idiot tries to use a mobile phone while driving, when one pulled up at the traffic lights opposite me. Two hands on the wheel at 5 to 12 position. Phone also in both hands held horizontally. Facebook or texting I guess.


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## steveindenmark (23 Aug 2014)

numbnuts said:


> So why have they got to print this then


 
Because it was a balanced report and this also comes into the balance.

I am against telling people what they should and should not wear but not against listening to advice. I often wear a vis vest and sometimes wear a helmet. I am not sure if a helmet is designed for anything but a light tumble but am convinced that a vis vest does make it easier for motorists to see you. 

But unfortunately, in this case nothing the cyclist did would have avoided this fatality.

As I ride/drive home on my commute. I see at least one person driving and on the phone, every single day. The driver is invariably in the car by themselves. I can never remember a driver on the phone with someone else in the car.

The law needs to be changed so if you are caught driving and using the phone, you are fined £1000. The police then need to mount a massive campaign to catch as many of them as they can in as short a time as possible so people get it into their heads what the score is.

The driver in this incident needs to go away for a long time for this accident and then a long time for having the audacity of blaming the cyclist and pleading not guilty.

It looks like the Land Rover drvers evidence will help.

Steve


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## cyberknight (23 Aug 2014)

steveindenmark said:


> Because it was a balanced report and this also comes into the balance.
> 
> I am against telling people what they should and should not wear but not against listening to advice. I often wear a vis vest and sometimes wear a helmet. I am not sure if a helmet is designed for anything but a light tumble but am convinced that a vis vest does make it easier for motorists to see you.
> 
> ...


Agree with most of this although instead of £1000 which to some will be pocket money (not me i have a couple of ha pennies ) maybe lose the license permanently and crush the car .


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## The Jogger (23 Aug 2014)

Just lock the fecker up for an awfully long time.


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## benb (23 Aug 2014)

Fines should be means tested. Minimum £1000 rising as the defendant's ability to pay rises. No maximum.


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## Mo1959 (23 Aug 2014)

You only seem to get jailed in this country when there is money involved  
http://www.bbc.co.uk/news/technology-28896675


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## neil earley (23 Aug 2014)

Can you honestly believe the police are going to take cyclists safety into consideration! when is the last time you saw coppers even walking the beat. They are totally undermanned and only PSO,s I ever see these days at all. Look on youtube to see the vids of stupid, careless morons either texting, etc on their mobiles WHILST TRYING TO DRIVE PROTECTED IN THEIR TIN CANS and even with footage no action taken by our so called public servants [ PLOD} Ok rant over but what a tragedy a prat looking at pics when driving, some children, wife mother will be grieving for the rest of their lives, thoughts are with his family and friends.


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## jarlrmai (27 Aug 2014)

I used to see the police on mountain bikes when I rode to Liverpool everyday, saw them in the door zone and getting close passed they seemed oblivious and not very well trained.


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## abim (28 Aug 2014)

As a sister of Owain (the cyclist) we ( the family) have sat in court over several days listening to what happened & how it happened. It has been devastating to us to hear how our brother, son, uncle was "ploughed down". 
Owain was an intelligent, happy young man who made an impact on the lives of the people around him. 
His life was then cut drastically short by a man who was taking photo's whilst driving. 
He has no morals, to lay the blame on the victim is shameful & unacceptable. Let's hope Owain get's the justice he deserves. Nothing short of a long custodial sentence will suffice!! 
RIP lil Bro xxx You will never be forgotten xxx


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## Beebo (28 Aug 2014)

5 years.
http://www.bbc.co.uk/news/uk-wales-south-east-wales-28968229


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## Drago (28 Aug 2014)

Still not enough, but harsher than many get. My heartfelt sympathies to this young mans family and friends.


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## sheddy (28 Aug 2014)

Who can we lobby for double points ?
http://www.bbc.co.uk/news/uk-28324408


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## Ganymede (28 Aug 2014)

abim said:


> As a sister of Owain (the cyclist) we ( the family) have sat in court over several days listening to what happened & how it happened. It has been devastating to us to hear how our brother, son, uncle was "ploughed down".
> Owain was an intelligent, happy young man who made an impact on the lives of the people around him.
> His life was then cut drastically short by a man who was taking photo's whilst driving.
> He has no morals, to lay the blame on the victim is shameful & unacceptable. Let's hope Owain get's the justice he deserves. Nothing short of a long custodial sentence will suffice!!
> RIP lil Bro xxx You will never be forgotten xxx


I'm so sorry for your loss, and outraged at the man who caused it. My sympathies, it must be very hard for you and your family. Thanks for posting.


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## Dragonwight (28 Aug 2014)

The fact they tried to blame the dead cyclist for swerving in front of them really makes my skin crawl. Should have got a lifetime ban and a minimum of 10 years inside.


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## glenn forger (28 Aug 2014)

Yep, he's seems to have been at a church conference and killed a man on the way home by being a distracted idiot, then tried to blame the dead man. Took the jury 7 hours to decide though.


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## Drago (28 Aug 2014)

That's good. It means it's a well argued, considered verdict.


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## Crankarm (29 Aug 2014)

Beebo said:


> 5 years.
> http://www.bbc.co.uk/news/uk-wales-south-east-wales-28968229



5 years is feeble considering what he did and the aggravating factors. He should have got at least 10 years, with a 10 year driving ban to commence on release.

Scum.


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## benb (29 Aug 2014)

Does anyone know whether the 10 year driving ban starts at the end of the prison sentence? Bit stupid if not.

What does someone have to do to receive a life driving ban? Does anyone know if someone has _ever _received one?


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## Drago (29 Aug 2014)

The ban starts instantly. There's no mechanism in law that allows it to be deferred until the end of the sentence. Should be a life ban. After all, kill animal they can ban you from pet ownership for life. Shoot someone and you can be banned from owning a firearm for life. But killing someone with a vehicle is somehow more acceptable. Stupid.


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## benb (29 Aug 2014)

User said:


> Apparently Dennis Puts, who killed Catriona Patel whilst hung over or, more probably, still drunk and using a phone has a lifetime ban. He did have three previous convictions for drink driving and multiple disqualifications though.



That's ridiculous. They should put legislation through so that a driving ban starts upon the person's release from prison.


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## glenn forger (29 Aug 2014)

http://www.thecourier.co.uk/news/lo...fascinated-with-all-things-vehicular-1.463190

If you get caught driving while serving a ban you get another ban. Makes sense.


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## benb (29 Aug 2014)

glenn forger said:


> http://www.thecourier.co.uk/news/lo...fascinated-with-all-things-vehicular-1.463190
> 
> If you get caught driving while serving a ban you get another ban. Makes sense.



Blimey. There are many people who are "fascinated with all things vehicular" but most of them manage to not drive like a total bellend.


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## Beebo (29 Aug 2014)

glenn forger said:


> http://www.thecourier.co.uk/news/lo...fascinated-with-all-things-vehicular-1.463190
> 
> If you get caught driving while serving a ban you get another ban. Makes sense.


 
32 years old, over 100 driving convictions and a double life ban. That's a very sad record.
But what happens when he gets his 3rd or 4th total life ban? We cant lock him up forever?


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## benb (29 Aug 2014)

Beebo said:


> 32 years old, over 100 driving convictions and a double life ban. That's a very sad record.
> But what happens when he gets his 3rd or 4th total life ban? We cant lock him up forever?



Fit some kind of shoe that means he can't operate the accelerator.


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## glenn forger (29 Aug 2014)

http://www.bbc.co.uk/news/uk-wales-28979459

*Judge criticises lawyer for 'Harry Potter' appearance*

*




*


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## jefmcg (29 Aug 2014)

glenn forger said:


> http://www.bbc.co.uk/news/uk-wales-28979459
> 
> *Judge criticises lawyer for 'Harry Potter' appearance*


No wonder he got five years: his lawyer is clearly a moron.

Well, good thing he didn't have a competent lawyer.

(I know my mother had to deal with a lot of sexism from Judges. She had to put up with it, because otherwise you disadvantage your client)


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## Beebo (29 Aug 2014)

here's his linkedin page and qualifications!
http://uk.linkedin.com/in/alanblacker
Dr. The Rt. Hon. Alan Blacker. The Lord Harley of Dublin. KGCSt.J. DPhil. MSc(Hons)(clinical forensic psychiatry) MA(Hons) MA(Hons)(Inc.ED.&SEN.) LLB(DHons) BA(Hons) PGDL PGDLP FMLST(Psych) FCInst.L.Ex. FRSA. FRGS&IBG. FZSL. FRAntq.I. FRAnth.I. SIRM. MIMHAP. SSM. Solicitor Advocate of the Supreme Court, Chartered Legal Executive, Consultant Transactional Analysis Clinical Psychoanalytical Psychologist. Who's Who. Burke's Peerage and Baronetage. NIFHS Register. Ulster Historical Foundation.


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## User6179 (29 Aug 2014)

benb said:


> Does anyone know whether the 10 year driving ban starts at the end of the prison sentence? Bit stupid if not.
> 
> What does someone have to do to receive a life driving ban? Does anyone know if someone has _ever _received one?




A MAN with an addiction to car crime was caged yesterday after his 17th conviction for driving while banned.
Fixated Dustin Davies, 29, was jailed for a year and received his sixth life ban.
He was caught driving in February this year, just seven days after getting out of jail for his 16th offence.
Falkirk Sheriff Court heard how Davies was nabbed by two police officers who recognised him.
Davies, of Grangemouth, Stirlingshire, described in court as having a fatal attraction for cars, also admitted driving without insurance.
Kevin Douglas, defending, said: "There can be no excuse and he accepts that."
Davies's mum has claimed he needs psychiatric help.


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## benb (29 Aug 2014)

Eddy said:


> A MAN with an addiction to car crime was caged yesterday after his 17th conviction for driving while banned.
> Fixated Dustin Davies, 29, was jailed for a year and *received his sixth life ban*.
> He was caught driving in February this year, just seven days after getting out of jail for his 16th offence.
> Falkirk Sheriff Court heard how Davies was nabbed by two police officers who recognised him.
> ...



So that's working well then.

I honestly don't know what we're supposed to do with people like this. We can't just lock them up forever. How can we reliably stop them driving?


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## User6179 (29 Aug 2014)

benb said:


> So that's working well then.
> 
> I honestly don't know what we're supposed to do with people like this. We can't just lock them up forever. How can we reliably stop them driving?



That's from a good few years ago so he might have more life bans by now , he could even have appealed them and be driving about legally now , you cant stop someone who does not want to stop .


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## Custom24 (29 Aug 2014)

glenn forger said:


> Took the jury 7 hours to decide though.


Says here 2h40m;
http://www.walesonline.co.uk/news/wales-news/driver-andrzej-wojcicki-jailed-five-7684280


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## Custom24 (29 Aug 2014)

benb said:


> That's ridiculous. They should put legislation through so that a driving ban starts upon the person's release from prison.


 
I don't think legislation is necessary - from the link I posted above

"Wojcicki was given a five year sentence - half of which he must serve in prison ... and was disqualified from driving for 10 years. He will not be allowed to drive again until he passes another driving test."

I understand and sympathise with your wish to effectively increase the length of the driving ban, but unless you can find a case where someone's driving ban would run its course while they are still in prison, I think judges can be trusted with arithmetic.


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## Drago (29 Aug 2014)

At least half of which he must servie in prison. It's not automatic, it's dependent on behaviour.


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