South Ockendon driver on trial over the death of East Malling motorcyclist Paul Wright in fatal crash on the A249 near Sittingbourne
A woman alleged to have braked sharply, causing a three-vehicle crash in which a Harley Davidson rider died, told a jury she wanted the driver of a BMW behind her to know he was "too close". Collette Gibson, who is on trial over the death of motorcyclist Paul Wright, claims the car had been tailgating her Vauxhall Zafira as all three travelled along the Sheppey[1]-bound A249 near Sittingbourne[2].
But she denied during her evidence at Maidstone Crown Court that she was "brake checking" him or that her actions created "a hazard" for other traffic. Gibson, 55, faces two charges in relation to the incident on April 23, 2022 - causing Mr Wright's death by dangerous driving, and the alternative, less serious offence of causing his death by careless driving.
Jurors have heard that the BMW driven by Robert Davis was travelling behind her Vauxhall in the outside lane at the time of the fatal crash on the Sheppey-bound carriageway near Danaway. Also in lane two and behind Mr Davis was Mr Wright on his Harley. It is the prosecution's case that Gibson's "unnecessary" braking when there was no traffic or obstacle ahead of her resulted in "a series of collisions", with the BMW hitting the rear of the Zafira and then the Harley striking the BMW.
The impact led to Mr Wright being thrown from his Harley. He then collided with a Mercedes travelling in the inside lane and landed on the road.
Paramedics and the air ambulance attended but the 51-year-old married biker, who lived in Catlyn Close, East Malling, died at the scene[3]. Gibson, of Lime Close, South Ockendon in Essex, told police at the scene that she was driving in lane two when the BMW hit her.
She then braked and was hit a second time. It was during a formal interview three days after the fatality that Gibson spoke of the car tailgating her, the jury heard. She explained how she was travelling just over the speed limit and, wanting to go down to 70mph, touched her brake to do so.
It was then that the BMW hit her for the first time, she said. Having applied emergency braking, she then felt a second impact. Mr Davis was himself interviewed under caution by police and last week told the court that he was driving between 50 and 60mph when the Zafira "just all of a sudden came to an abrupt stop" ahead of him.
He denied following the vehicle "too closely" and, when asked by prosecutor Stephen Shay whether he could have done anything to avoid the collision, Mr Davis replied: "I don't believe I could have, apart from not being there that day."
During cross-examination by Gibson's lawyer, Craig Rush, Mr Davis said he may have "possibly panicked" and that his reaction "wasn't fast enough".
But he denied his speed was closer to 70mph and was tailgating Gibson in an attempt to make her speed up or to encourage her to move into lane one. Mr Davis also maintained there were just two collisions with his car - one to the front and then a second when the motorcyclist struck him from behind. However, Gibson told the jury on Friday (March 20) she felt "two jolts" - the first as she slowed down to just under the speed limit followed by a second in quick succession.
She said she had initially braked, thinking the BMW could see her lights and "might back off".
But when questioned by Mr Shay whether she had been "sending a warning" to Mr Davis so he would "get the message," Gibson did not answer, prompting the prosecutor to assert: "You wanted him to be aware he was too close." Gibson replied: "Yes." She also told the court she could not say how far apart the two jolts were, other than "It happened so quickly." But she denied her actions that afternoon caused the fatal collision.
"Isn't it the reality that you wanted to brake check him [Mr Davis]?
Do you know what that means?" asked Mr Shay.
Gibson replied: "I do know what you mean but no." "And you decided to apply your brakes sharply," continued the prosecutor. "No," added Gibson. "And you did so knowing there was a motorcyclist travelling in the same lane," asserted Mr Shay.
Gibson told the jury: "I thought the motorcyclist had gone. I didn't know he was there. I couldn't see him."
The prosecutor then said: "What you did, in braking as you did, was create a hazard for any traffic following your car, specifically that motorcycle.
That's right, isn't it?" The defendant simply answered; "No." "I suggest there was no need for you to brake in that way.
Do you agree?" added Mr Shay. "No," Gibson replied. She did agree, however, that there was nothing in front of her Zafira that "required" her to brake.
Mr Shay then concluded his cross-examination by stating: "You applying the brakes in the way you did caused that collision, didn't it?" "No," maintained Gibson.
The jury is expected to retire to consider its verdicts later this week.
References
- ^ Sheppey (www.kentonline.co.uk)
- ^ Sittingbourne (www.kentonline.co.uk)
- ^ the 51-year-old married biker, who lived in Catlyn Close, East Malling, died at the scene (kentonline.co.uk)