A Hundleton motorcyclist who ended up having lung failure as well as breaking his leg as the result of an accident on the A477 has been found guilty of driving without due care and attention.
Twenty-two-year-old Henry Garrard, of Reginald Close, appeared at Haverfordwest Magistrates Court on Monday for his trial after pleading not guilty to the charge.
Prosecutor Vaughan Pritchard-Jones told the court that the incident occurred at 5.30 pm on April 16.
The accident in question took place on the A477 near Pembroke Dock when the defendant drove a Kawasaki Ex 650 CAF through a line of traffic that was travelling east from Pembroke Dock, which was slow moving due to vehicles turning off the A477 into side roads.
The court heard that a Renault Megane travelling in this line of traffic went around a slight righthand bend and slowed down, before starting to indicate right with the intention of turning off the A477 and into the junction of a side road.
The defendant was travelling in the same direction and conducted an overtaking manoeuvre as the Renault Megane turned right into the junction.
Mr. Garrard’s motorcycle came into contact with the front offside of the Renault Megane and as a result, he was thrown in the air before coming to rest in the roadside verge.
Mr. Pritchard-Jones said that prior to the crash, the defendant had overtaken three cars at speed.
He also said that Mr. Garrard thought he hadn’t done anything dangerous and disputed that the victim had indicated.
The prosecutor concluded his opening remarks by stating that the defendant wasn’t in any position to see if the victim was indicating as the road bent around.
Mr. Pritchard-Jones called the first witness, Ms. Charlotte Prior, who was a victim of the accident.
She said that she was on her way to Tenby because her children wanted a Dominos, but a few minutes into the journey, they changed their minds and wanted a McDonalds in Pembroke Dock, which led to her turning her vehicle around.
Before turning right, Ms. Prior added that she did all the necessary checks before she was due to move off.
She told magistrates that she did not see the defendant before the collision.
Ms. Prior was then questioned by defence solicitor Gareth Waite, who asked her about her journey.
Ms Prior said she wasn’t in any rush to get to her destination, and also confirmed that she was aware that motorcyclists do overtake traffic when it is at a standstill.
Prosecutor Vaughan Pritchard-Jones then called his second witness, Mr. Richard Johns, who told the bench that at the time he was driving from Pembroke Dock in a Hyundai.
Mr. Johns said that he was a few cars away from the Renault Megane.
Asked when he saw the defendant, Mr. Johns stated: “I was glancing in my mirrors and I saw him from 100 yards away.
“I thought that’s not going to end well,” said Mr. Johns, when he saw the defendant overtaking.
He also told the court that the impact of the crash moved the car.
When questioned by Mr. Waite, the witness confirmed that he knew it was perfectly legal for someone to overtake on a long sweeping bend.
Zoe Abbs, a third witness, was then called by the prosecution, explaining she was heading home from Cosheston and joined the A477 at Slade Cross.
She told the court that cars were gradually stopping because Ms. Prior’s Renault was indicating.
When she was asked about the defendant, Mrs. Abbs said that Mr. Garrard’s motorbike was weaving in and out of traffic.
“I was surprised he wasn’t dead as he was going quite fast,” she told magistrates when asked to describe the impact of the collision.
Mr. Pritchard-Jones then read out an impact statement from Ms. Prior which said:?“I was driving down the A477. I wanted to turn right up Little Mutton Hill.
“Out of nowhere a motorbike came and hit my car. The rider went flying.”
Photos of the damaged Renault Megane, skid marks and a view of the junction were then shown to the bench.
The defendant himself was called to give his testimony, with Mr. Garrard telling the court that he was going to see his friends in Tenby for around 7 pm.
He said that he was not in a rush and was planning on getting fish and chips beforehand.
Mr. Garrard added that he was travelling between 10 and 15 mph and there was no traffic on the opposite side of the road.
As part of his evidence, Mr. Garrard showed photographs of the junction, where the collision occurred, the grass verge where he landed and the bend before the junction.
Prosecutor Mr. Pritchard-Jones disputed this evidence as the defendant was estimating the distance to the junction.
Mr. Garrard said he could see a fair distance around the bend and that a lorry was coming, so he moved back onto the correct side of the road.
He mentioned that cars were travelling slowly at no more than 20 mph so he felt it was safe to overtake.
Mr. Garrard, who works as an ambulance responder, said: “I wouldn’t have put myself in that situation, if I didn’t think it was safe.”
The defendant disputed that Ms. Prior had her indicators on, stating: “The car swung into me.”
Magistrates heard that the defendant broke his left leg as he stuck it out, which made contact with the front of the car and resulted in him being sent flying.
He also said his motorbike was written off because the Renault hit the vehicle causing the rear axle to break.
In his closing statement, Mr. Pritchard-Jones claimed there was evidence of poor driving as the defendant breached the Highway Code, arguing that Mr. Garrard had breached rule 127 which states: ‘This marks the centre of the road. When this line lengthens and the gaps shorten, it means that there is a hazard ahead. Do not cross it unless you can see the road is clear and wish to overtake or turn off’.
Mr. Pritchard-Jones also claimed the defendant had breached the Highway Code in relation to overtaking on the approach to a junction, and stressed to the court that there was clear and credible evidence to suggest the defendant had indicated.
“He made an error of judgement. He overtook a number of cars when it was not safe to do so,” he concluded.
Defending, Mr. Waite said his client was a man of good character and had a significant amount of driving experience.
He mentioned that breaching the Highway Code wasn’t a criminal offence and the complainant did not confirm if she had seen Mr. Garrard in her statement.
Mr. Waite argued that if Ms. Prior had done the final checks, the collision wouldn’t have happened.
The defence solicitor concluded by adding that there was nothing improper about what his client had done and that he wasn’t driving excessively.
After considering the matter, the chairman of the bench stated: “We find that your driving was below that of a competent driver. We therefore find that the case is proven beyond reasonable doubt.”
Mr. Garrard was subsequently fined £392 and ordered to pay prosecution costs of £620, along with a victim surcharge of £39.He was also given five points on his driving licence.