Crash death victim Robert Tynan's family outraged HGV driver will serve only half sentence in jail
by Keith Hunt
A foreign trucker who killed a driver after drinking two glasses
of wine at services and then driving dangerously for some distance
has been jailed for three-and-a-half years.
The sentence on Krist Van De Walle sparked outrage from victim
Robert Tynan's family on hearing only half the sentence would be
served in prison.
Mr Tynan's brother John protested to Judge Martin Joy before
storming out of court: "A year and nine months in jail? Are you
joking?"
The 31-year-old victim, from Ashford, had been putting fuel in
his Citroen Saxo on a slip road 10 metres from the M20 near Charing
when Van De Walle's DAF lorry ploughed into him.
Although it could not be proved that the 42-year-old Belgian
national (pictured above) was over the drink-drive limit,
Maidstone Crown Court heard it was "a fair inference" that he was
"nodding off on and off at the wheel" before the tragedy.
Anthony Haycroft, prosecuting, said Van De Walle had made
deliveries of refrigerated mushrooms in London and Cardiff the day
before the crash on February 20 this year, finishing at 2am.
He left South Wales at 10am and was heading home to Belgium. He
later told police he stopped twice, first at Reading services and
again at Clacket Lane, where he said he drank two glasses of wine
with food.
But Mr Haycroft said the lorry tachograph showed he made a third
stop at the junction eight Maidstone services for over an hour. Van
De Walle claimed he could not remember making the stop.
Emergency services at the
scene after the fatal crash
Rosemary Albone was in her Audi on the M26 when she saw the
lorry driving erratically.
"It moved onto the hard shoulder, then back onto the motorway
into lane one, then lane two, and did this about 20 times over a
few minutes," said the prosecutor.
"Other cars were sounding their horns at the lorry and had
difficulty overtaking. She followed the lorry for about 10-15
minutes and then phoned the police as she was so concerned."
The call was made at 5pm, soon after Van De Walle’s stop at
Clacket Lane.
"The near miss should have been a literal wake-up call to him
and he should have taken a prolonged rest," said Mr Haycroft.
He stayed at Maidstone services from 5.20pm to 6.27pm and after
he set off again another driver saw him drift onto the hard
shoulder at about 60mph nine miles down the M20.
The driver then saw the lorry smash into Mr Tynan's car on the
slip road. Van De Walle stopped on the hard shoulder and emerged
from the cab with an energy drink in his hand.
The victim was lying between his car and the lorry. He was
pronounced dead at the scene.
The road was closed for
almost five hours after the crash
Van De Walle, who admitted causing death by dangerous driving,
was banned for four years.
Judge Joy said Van De Walle must have made a deliberate decision
to drive when he knew full well he was not able to do so
properly.
"He had already been driving disgracefully," he said.
The judge told Van De Walle: "The death of Robert Tynan was
completely avoidable and nothing can turn the clock back.
"The horrific consequences that flow from committing this
offence, I have no doubt you deeply regret, as do many other
people. The facts of the case are deeply disturbing."
They were not easy to identify because of Van De Walle's lack of
cooperation, he added.
"In my judgement, there was prolonged and persistent bad
driving," said Judge Joy. "Alcohol quite plainly played a part -
and probably a major part in that persistent bad
driving."
Krist Van De Walle was
sentenced at Maidstone Crown Court
Back calculations suggested the lorry driver "may have been just
below the legal limit or well above it".
"I have to have at the forefront of my mind you were not driving
a car but an HGV," he continued. "Everybody knows that means if you
fall below the standard to be expected the likely consequences are
likely to be catastrophic."
Van De Walle had driven appallingly for some distance.
The judge said he did not accept Van De Walle had no
recollection of stopping at the Maidstone services.
He added: "There has to be a clear message that those who drive
on crowded motorways, if they drive dangerously and cause death or
injury, there will be severe punishment."
04/12/12
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