Lorry driver William Magee jailed for causing death of Barbara Phipps in A2 crash at Teynham
Published: 16:53, 03 March 2017
An elderly cyclist died under the wheels of a delivery lorry because of “a terrible and irresponsible” course of driving, a judge ruled.
William Magee was condemned for not using an on-board camera system which gave a wide angle view alongside his truck or using his wing mirrors correctly.
Judge Martin Joy was also deeply critical of the 59-year-old Co-op driver for parking on yellow lines outside the store in Teynham on the wrong side of the road facing the wrong way close to a junction.
“This case involves the tragic, and in my view, wholly unnecessary death of a lady cyclist and nothing can be said today to turn the clock back,” he said.
Grandmother Barbara Phipps was struck by the heavy lorry and dragged under the wheels as it drove away at about 10.15am on Saturday, February 13 last year - the day of her 73rd birthday.
Magee continued on his journey on busy London Road and was to later claim he had not realised there had been a collision.
When staff at the Co-op contacted him and asked him to stop, his response was: “Oh my God, I haven’t killed someone have I?”
Magee, of Readers Court, Chelmsford, Essex, denied causing death by dangerous driving and his plea to causing death by careless driving was accepted.
He was jailed for three years and banned from driving for five-and-a-half years.
Maidstone Crown Court heard Magee had started work that day at 5am and was making three deliveries in Kent.
The mother-of-five, from Lynsted, was cycling on the correct side of the road close to the kerb as Magee drove “diagonally” away towards Sittingbourne at around 12mph.
Judge Joy said the CCTV system in the cab of the lorry was available to be seen when the left-hand indicator was activated.
“It is a safety feature,” he said designed to assist the driver when he needs to check the view along the nearside of the lorry.
"It provides an extensive wide angle view through the body of the lorry and outwards.
“It may be said the device will one day become compulsory. Many cyclists have been injured or killed because of that well-known hazard.”
The judge told Magee: “That parking of the vehicle by you was unwise and you knew that when you took that decision. It was complete folly and also illegal.”
He had watched the CCTV footage from The George pub opposite the Co-op, he said, more than 60 times. It was not shown in court because it would cause upset.
Mrs Phipps wobbled on her bike and was pulled underneath the trailer. The wheels went over her and she was killed almost instantly.
Shocked witnesses tried in vain to get the driver’s attention.
Judge Joy said Magee pulled out prior to using his indicator.
“It defeated the purpose of the on-board monitor,” he continued.
“I find this was a terrible and irresponsible course of conduct...It led to the unnecessary death of another road user" - Judge Martin Joy
“That may have been a significant cause of this disaster.
“Mrs Phipps was there to be seen by you in either your mirror or on-board CCTV.
"You could have seen her at all points leading up to and during the collision, whether there were blind spots or not.
“You parked in a dangerous position. This disaster would have been avoided.
“You chose not to look into the monitor on most occasions.
"Thus, you didn’t use it on this occasion when you ploughed into this lady cyclist. That is complete folly.
“I find this was indeed a terrible and irresponsible course of conduct.
"It led to the unnecessary death of another road user.
“I find you behaved irresponsibly with your lorry from the moment you arrived in Teynham.”
The judge added there had to be severe punishment.
Magee will have to take an extended test before being allowed back on the road.
Sergeant Hannah Brown said: "All drivers have a duty of care to other road-users to drive carefully at all times, with large vehicles though, the sheer size and weight of their vehicles means that one wrong move can lead to tragedy.
"William Magee had already broken the Highway Code by parking in the direction of oncoming traffic, but had he been more careful, and used the safety devices fitted to the vehicle before pulling out then this fatal collision simply would not have happened.
"He will have this on his conscience for the rest of his life.
"I hope the sentencing result is of some small comfort to Mrs Phipps’ family, who have suffered a great deal. Our thoughts remain with them as they continue to grieve for her."
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Keith Hunt