THERE were emotional scenes in Swindon Crown Court yesterday when a pensioner was sentenced for causing the death of a motorcyclist last year.
Eighty-year-old John Banfield had been attempting to make a U-turn on the A36 near Warminster when he drove into the path of Purton father-of-three Nic L’Estrange, 44, on July 28.
He was given a six month suspended prison sentence, disqualified from driving for two years – when he will have to pass an extended re-test – and told he will be on a curfew and must be electronically tagged for four months.
Mr L’Estrange’s widow, Jacqui, who was in the packed court with friends and family, had to be physically restrained by police officers after the sentence was read out.
She shouted at Banfield, saying: “Look what you’ve done to me, I hate you, you’re arrogant, you’ve got away with it!”
Banfield, who was sitting in the dock wearing a pale suit and clutching his walking stick, was visibly shocked, as were his partner and daughter, who were also in court.
Hannah Squire, prosecuting, said Mr L’Estrange had been travelling to Poole in Dorset to a motorbike meet with four friends, all of them experienced bikers.
They had been riding in a staggered formation and had just passed the Granada services on the A36 when the first in the group, Jamie Golding, noticed a silver Volvo about to pull out of a layby.
“He slowed down as the car pulled out but then it stopped – he believed this was because the driver had seen the bikes,” Ms Squire said.
“He continued on without braking and when he was almost on top of the car the driver pulled forward across the single carriageway.
“He was unable to avoid the car. His next recollection is being airlifted to hospital.”
Eyewitnesses said Mr L’Estrange, who had been behind Mr Golding, braked hard but his front wheel appeared to lock and he hit the car. He died at the scene.
Mr Golding broke his arm in three places, wrist, finger, collarbone, shoulder blade and all the ribs on his left side and was left with a compressed vertebrae.
Collision investigator PC Steve Fair estimated that Mr Golding had been travelling at a maximum of 45mph and Mr L’Estrange at between 33-48mph.
He concluded that Banfield should have been able to see the bikes.
In interview, Banfield, of Yeovil, said he was trying to turn around because he had taken a wrong turning. He insisted he had looked in both directions but had not seen the bikes.
Caroline Sykes, defending, described Banfield’s “sad and immense regret” about the incident.
She said: “This is one of those awful tragic occasions that despite the fact that he looked to the right, he didn’t see the traffic that was approaching.
“This was not a deliberate act or course of careless driving.”
She said Banfield, who is president of his local Lions club, was usually an overly-cautious driver, with a clean licence and no previous convictions who had “never even had a parking ticket”.
She said: “It’s had a profound affect on Mr Banfield and he has at all stages reiterated that he wishes to pass on his sincerest condolences to those involved.”
He had kidney disease, she added, and would be starting dialysis soon and was on extensive medication.
Sentencing, Judge Douglas Field told Mrs L’Estrange: “Nothing I say or do will bring Nic L’Estrange back.”
He told Banfield that he was imposing a curfew to “restrict your liberty” and once his driving ban was over he would have to take an extended re-test, “if you are foolish enough to want to drive again”.
- THE TRAGEDY caused by a momentary loss of concentration was brought into sharp focus yesterday.
When pensioner John Banfield, 80, pulled out onto the A36 into the path of motorcyclist Nic L’Estrange, it had devastating consequences.
Not only was Mr L’Estrange killed, leaving behind his three children Tamara, 20, Xana, 18, and Leah, 14, but his friend Jamie Golding was seriously injured.
His widow Jacqui, whom he had been with for 27 years, was not able to drive her car or leave the house for some time after the collision and suffered depression afterwards.
She said at the time: “I feel like my life has ended. I am surviving on a day-to-day basis.”
Outside the court yesterday she questioned why pensioners like Mr Banfield were allowed to drive.
Mrs L’Estrange said: “As far as I’m concerned there’s no punishment ever good enough for the man who killed my husband and who caused such a devastating effect on me and my family through what I consider as his incompetence.
“I’m annoyed that he has shown no direct remorse to either me or to Jamie Golding.
“I’m also very concerned that somebody who was 79 and not in good health was driving on the road in the first place.
“I’m pleased that the two year disqualification was imposed plus the requirement to take an extended test, which in effect means he won’t drive again.
“But how can the law be right allowing people in their 80s and 90s to assess themselves suitable to drive whilst only satisfying a very low level medical assessment.
“You can’t drive a car when you are 16 and alert so why should you drive a car when you are 80 and past it?”
Banfield, who was described in court as having the “utmost good character” and having led a “blameless life” up until that point, sat in the dock smartly dressed and holding his walking stick throughout the hearing.
His barrister said the incident had had a “profound effect” on him and the sentence will probably mean he will never drive again.
The judge said he was taking Banfield’s age and poor state of health as well as his good character into account when he sentenced him.
Sgt Barrie Card, who was involved in the investigation, said afterwards: “It’s a tragic case. This group of men were en route to a nice social event in the sunshine and it was tragic incident that shouldn’t have happened. It was purely down to driver error.
“I am pleased that the guilty plea was entered and pleased that the sentence is sufficient that it’s doubtful that this gentleman will ever drive again.”
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