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Prison for HGV driver who killed cyclist

6th May 2015 @ 8:08am – by Webteam
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Regular readers will recall the sad death of cyclist Stewart Gandy who was killed whilst cycling towards Audlem to visit his uncle, local resident Harry Knapper.

The HGV driver who drove over and killed the cyclist, who lived in Wistaston, has received a 12 month jail sentence.

Paul Byrne pleaded guilty to causing death by careless driving in a two week trial at Chester Crown Court after the death of 65-year-old Stewart Gandy on the A530 near Nantwich on November 12th, 2013.

He had also been accused of causing death by dangerous driving but the jury found him not guilty.

Following emotional impact statements from Mr Gandy's family, Judge Roger Dutton said it was a sad and tragic case which 'should never have happened' and Mr Gandy was obviously a 'good and much loved man.'

The court had previously heard how, Byrne, a 37-year-old HGV driver from Leigh was driving the 17 tonne lorry along Baddington Lane, near Nantwich on the day of the incident.

He was travelling to Grocontinental in Whitchurch when he approached the bridge, controlled by traffic lights.

Mr Gandy had also reached the bridge a minute or so earlier but Mr Byrne told the court he had not 'seen, felt or heard anything' when driving over the bridge at around 1.30pm that day. Mr Gandy was killed instantly after the lorry ploughed into him and passed over him and his bicycle.

Witnesses also said how they had seen Mr Byrne 'examining his vehicle' further along the road but he said he had stopped 'by coincidence' to check out a rattling noise which he believed to be a faulty headlight.

Judge Dutton continued: "I believe I have had a thorough insight into this case. What started out as extraordinary remains extraordinary at the end. You should have seen that cyclist but you didn't.

"Cyclists are extremely vulnerable. All motorists owe a duty of care to them.

"On giving evidence, you mentioned that you didn't see, hear or feel anything. I don't believe that for one moment. I'm not suggesting that you knew you had hit a person but stopping to examine your vehicle a few metres down the road, suggests to me you knew something had happened. The fact remains that you should have seen him"

Mr Byrne was visibly emotional as Judge Dutton passed a sentence of 12 month imprisonment and a 12 month disqualification from driving.


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