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Higham death crash driver Ian Harvey told witness, ‘I’m sorry, I lost control’

A driver admitted it was his fault after he drove over a hill at speed and caused a “near head-on” fatal accident, a court heard.

Ian Harvey made the confession to a witness at the scene of the crash in Lower Road, Higham, on December 5, 2015, a jury was told.

The 24-year-old, of Burdett Avenue, Gravesend, admits causing the death of Susan Hayward, from Chatham, by careless driving but denies the more serious charge of causing death by dangerous driving.

The scene of the crash in Chalk Road, Higham
The scene of the crash in Chalk Road, Higham

He also denies two charges of causing serious injury by dangerous driving to Mrs Hayward’s husband Anthony and his brother Mark.

Another driver had described Harvey travelling at “a phenomenal speed” when overtaken by his Ford Fiesta shortly before the accident.

Harvey was travelling with his girlfriend and a friend on the unlit single carriageway road towards Higham village at about 8.30pm.

Barry Jones estimated Harvey’s Fiesta was driving at about 65mph in the 50mph limit when it passed his car.

Prosecutor Eloise Marshall said caution was required when going over the hill.

Travelling in the opposite direction from the village was Mark Hayward in his Ford Focus with his wife Christine a front seat passenger and Anthony and Susan Hayward, 56, in the back seat.

They had left home at 7pm to attend a 50th birthday party at Higham village hall.

They mistakenly drove past the hall and realised they were leaving the village. Mr Hayward turned the car around and as he went back saw the Fiesta coming over the hill.

“The Crown say it was travelling at great speed – well in excess of the speed limit,” Miss Marshall told Maidstone Crown Court.

The case was heard at Maidstone Crown Court
The case was heard at Maidstone Crown Court

“It came towards them, fishtailed around and crossed the road over to the left and back again. Mark Hayward described it coming directly towards him.

“He had no time to take any evasive action, nor did Ian Harvey have time to take any evasive action. This was a near head-on collision.

"He was firmly on the wrong side of the road when he hit the car. Each person in the car that survived described seeing the car literally seconds before it hit.”

Miss Marshall said all except Susan Hayward managed to get out of the car. Harvey approached Christine Hayward and said: “I am sorry, I lost control.”

Susan Hayward was pronounced dead in an ambulance at the scene. Mark Hayward suffered broken ribs and fractures to his vertebrae.

Anthony Hayward had a dislocated and fractured hip. Christine Hayward was also injured.

Told by Mr Jones he had passed him at 60-70mph, Harvey replied: “No it was 55. That’s legal isn’t it?”

The trial continues.

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