JAILED: 7 years for Dangerous A66 driver who killed couple
David Peter Henderson was jailed for 88 months at Preston Crown Court on February 17 after admitting two counts of causing death by dangerous driving. Prosecutor Kim Whittlestone said the defendant - age 45 - was returning home from work in a newly-purchased Volkswagen Golf when he 'tragically' caused a head-on collision[1] with Pat Evans and Martin Gareth Evans in the early evening of February 13, 2023. She told the court the defendant 'knew that he should not have been driving due a known medical condition'.
His Honour Judge Nicholas Barker took the view that Henderson 'deceived' the DVLA by failing to disclose he was suffering from blackouts as he knew it would likely lead to the loss of his licence, the court heard. Ms Whittlestone said: "He knew when he got behind the wheel of that vehicle, on that day, that his medical condition risked him blacking out behind the wheel. He had blacked out on two previous occasions behind the wheel.
"He ignored the advice of doctors that he should not drive until he had been deemed medically fit to do so and that had not taken place. "He failed to contact the DVLA after the return of his licence in December 2020. "He also failed to report the crash he suffered as a result of a blackout in February 2022, the fitting of his pacemaker in August 2022 and the fact that a doctor had said that he wasn't fit to drive post that fitting until he had been assessed after six months.
"Further, he failed to report to his doctors or the DVLA of his blackout in November 2022." The court was told Henderson, of Arnison Close, Carlisle, had also falsely claimed he had 'no restrictions' under the medical history section of his AVIVA vehicle insurance policy details on February 5, 2023. A HGV driver who witnessed the collision described the defendant's vehicle as 'travelling quickly' and 'taking the racing line'.
The court heard officers and air ambulance arrived at the scene but both Mr and Mrs Evans, of High Brigham, near Cockermouth, tragically died at the scene of the collision. The defendant was taken to hospital where he remained for several months due to his injuries and remains using a wheelchair, the prosecution said. Judge Barker jailed Henderson for 88 months.
He must also then complete a 12-year driving ban. The family of Mr and Mrs Evans said: "Mum and Dad were the most kind, generous, thoughtful, caring people. They did so much for us, and gave so much to so many others, both within their local communities and further afield.
"The catastrophic events of that night didn't just rip a hole in our own lives, but in the lives of everyone who knew them, from their local community where they were so active, to family and friends across the country and beyond. "They were two beautiful, amazing souls who had everything taken away - and we didn't even get to say goodbye. "We miss them every day.
Their endless joy of living. Everything about them, their life and what they gave to everyone around them." Laura Walmsley, senior crown prosecutor for North West CPS, said: "This is a tragic case involving the death of a husband and wife which could have been avoided.
"David Henderson not only chose to get behind the wheel of his car when he was well aware he should not have, but to make matters worse he drove dangerously. "All drivers have a responsibility to ensure they are fit and safe to drive and this case shows the devastating consequences of someone who selfishly ignored the medical advice he had been given. "Our thoughts are with the family and friends of Patricia and Martin Evans at this time."
Detective Constable Tim Fowkes (the investigating officer) of Cumbria Constabulary's Serious Collision Investigation Unit said: "Henderson's driving prior to the collision was reckless - and the very act of driving a motor vehicle whilst knowingly having an unresolved medical issue was, in itself, a very dangerous act. "Henderson's selfish actions resulted in the tragic loss of Patricia and Gareth Evans - a husband and wife of 46 years who were simply making their way to St Michael's Church, Workington to lead a team of bell-ringers. "Our thoughts are very much with Mr and Mrs Evans' family who have been left devastated and heartbroken.
"Thank you to all the members of the public and emergency services who assisted at the scene of the collision; and to those who supported the subsequent investigation. "Cumbria Constabulary is committed to the prevention of death and serious injury on our roads. "Please drive carefully and be considerate of other road users.
I respectfully remind drivers that it is your responsibility to ensure that you are in a fit state to safely control your vehicle at all times.
"I urge any drivers with a medical condition to adhere to doctors' advice.
You can visit the DVLA website for information on notifiable conditions and other health requirements: Driving with medical conditions, Blue Badges and transport for disabled people - GOV.UK (www.gov.uk)"
References
- ^ a head-on collision (www.newsandstar.co.uk)
- ^ Tributes paid to couple 'who gave so much to their community' after A66 crash (www.newsandstar.co.uk)