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Woman, 79, kills man on driving lesson in adapted car
A MULTIPLE sclerosis sufferer who lost control of her specially adapted car while taking a lesson ended up mounting a footpath and knocking down two pedestrians, one of whom died.
Janet McDonald told an policeman later she had pressed too hard on the accelerator and went straight out at a junction.
She managed to steer left and avoid parked cars opposite but as she and her instructor tried to correct the problem the car went on to the pavement for 30 metres before returning to the road.
The tragic events of October 8 last year were outlined at Leeds Crown Court yesterday when McDonald, 79 appeared for sentence for causing the death by careless driving of pensioner Royce Birkenshaw. The 82-year-old lifelong Leeds Rhinos fan died from chest injuries.
The court heard although she had driven for many years, she was not used to the Toyota because she had only rented it six weeks earlier and had decided to have some lessons with a driving instructor to gain confidence in using it.
Philip Adams, prosecuting. told the court these included a ball in the steering wheel for use with the left hand, and accelerator and brake placed for use with the left foot, similar to what she had used before. A police officer found the accelerator was particularly sensitive and difficult to use.
McDonald had gone out once before with a driving instructor and was taking her second lesson when the incident occurred.
She was only a short distance from her home in East View, Cross Gates, in Leeds when she suddenly accelerated as she approached the junction with Church Lane. The instructor thought she was going to hit parked cars but she managed to avoid them. Instead of straightening up and braking, however, she continued steering left as the instructor grabbed the wheel.
The car, having turned 180 degrees, hit the kerb and mounted the footpath, continuing along and striking Richard Toovey, who was out shopping, and Mr Birkenshaw, before it returned to the road and stopped.
Mr Adams said the car did not have dual controls and the instructor had found it difficult to get his foot on the brake.
Mr Toovey was thrown into the air and suffered a number of injuries from which he had recovered after some weeks but Mr Birkenshaw had multiple fractures and died from his chest injuries.
After service in the war, Mr Birkenshaw had spent most of his working life in the electrical engineering industry. After retirement he had cared for his wife until her death but had continued to enjoy life and according to their son he was celebrating Leeds Rhinos winning the championship.
Sentencing McDonald to 26 weeks in prison, suspended for 18 months with a condition of residence, and disqualifying her from driving for the rest of her life, the Recorder of Leeds Judge Peter Collier QC said it was a tragic case which had provided him with a sentencing dilemma.
Her driving had brought about Mr Birkenshaw's death and injury to Mr Toovey, although he had recovered.
But he said he accepted McDonald had driven for 61 years with only one speeding endorsement and was genuinely remorseful. She had suffered multiple sclerosis for many years, which more recently had required her to drive an automatic and then latterly a specially adapted car.
She had done everything as required by her licence and even decided to take lessons to build her confidence in driving that car but had panicked and the instructor was unable to rescue the situation.
Oliver Jarvis, representing McDonald, who appeared in court in a wheelchair, said she had suffered extreme feelings of remorse and guilt over the death.
She had an impeccable character and as someone who had contributed to society working with Victim Support in the past she understood more than most the terrible consequences of her actions.
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Saturday 26 May 2012
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