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PostPosted: Tue Dec 20, 2011 8:52 am 
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Taxi driver 'caused OAP's death'




A taxi driver struck and killed a Plymouth pensioner after speeding up to “beat the traffic lights” at a busy crossing, a court has heard.

Andrew Bates drove through a red light after accelerating to overtake a cement mixer as he saw elderly Gordon ‘Peter’ Hollister poised to cross the Woolwell Roundabout, Plymouth Crown Court was told.

The 44-year-old is on trial accused of causing the death of Southway man Mr Hollister by dangerous driving. He also denies an alternative, lesser charge of causing the 76-year-old’s death by careless driving.

Mr Hollister – known as Peter to friends and relatives – died on December 13 last year after colliding with an eight-seater Ford Tourneo private hire cab driven by Bates.

The pensioner was crossing a two-lane stretch of Tavistock Road following a visit to the nearby Tesco superstore at around 10.45am when the accident happened. Despite attempts by paramedics and witnesses, he died at Derriford Hospital later that morning.

Prosecutor Jo Martin told the six-man, six-woman jury: “He crossed because the lights were green for him as a pedestrian and red for the driver, Mr Bates.”

The court heard how Bates had pulled into the right-hand lane to overtake a slow cement mixer just before the crossing.

But as Mr Hollister pressed a button at the pelican crossing, the lights turned to amber and then red, the court heard.

“He took a deliberate decision to overtake that vehicle in a way in which he shouldn’t have,” Miss Martin said.

“What he was trying to do in accelerating was trying to beat the traffic lights; he had seen Mr Hollister at the traffic island pressing the button.”

Giving evidence, cement truck driver Liam Townshend (corr) said he had slowed to around 10mph to take a corner close to the crossing.

As he saw Mr Hollister preparing to cross, he slowed to a near-halt – as Bates’ taxi pulled into the right-hand lane, speeding up to around 30mph to overtake him.

Asked if the traffic lights had been red at the time, Mr Townshend replied: “It happened so quickly I can’t honestly say it was a red light – but I know I was stopping for one.”

But fellow witness Steven Plaice, who was two vehicles behind Bates, insisted they were on red when Bates’ taxi hit Mr Hollister.

“He started accelerating,” Mr Plaice said. “That’s when I got a bit concerned and I thought ‘He hasn’t seen it; he hasn’t seen the light’.

“He just kept on going. He seemed to be accelerating faster and faster.”

Bates, of Warwick Orchard Close, Honicknowle, shook his head as Mr Plaice told how he had asked onlookers: “The man was drinking, wasn’t he? It was a green light, wasn’t it?”.

The jury was also shown graphic photographs of the crash scene, showing how the impact had sent Mr Hollister, survived by widow Hilda, into the taxi’s windscreen.

The trial continues.

http://www.thisisplymouth.co.uk/Taxi-dr ... story.html

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PostPosted: Tue Dec 20, 2011 8:56 am 
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Oh dear. :sad:

I guessing the driver has a good defence lined up.

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PostPosted: Tue Dec 20, 2011 9:08 am 
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captain cab wrote:
“What he was trying to do in accelerating was trying to beat the traffic lights....


Either the lights were faulty, the pensioner didn't wait on the green man, or the phrase "accelerating to beat the lights" is wholly inappropriate - they must have been on red for a good time before he went through them, whereas the phrase suggests they were changing when he went through them, or that they had changed very soon beforehand :?

Thus in the latter scenario perhaps "ignored a red light" would represent a more accurate phrase?


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PostPosted: Tue Dec 20, 2011 12:29 pm 
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Location: Stamford Britains prettiest town till SKDC ruined it
don't know about down there but up here cars regularly run the lights up to 6 or 8 seconds after they've gone red which isn't too clever as pedestrians are often trying to cross on the lights as well. Yes red lights can be frustrating but a professional driver should know to stop your license is too important

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PostPosted: Tue Dec 20, 2011 1:58 pm 
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dont know about down there up here but over here many of the traffic lights are set stupidly to an instantanious change ie when one direction changes to red the opposite direction changes to green straight away leaving no room for even the slightest error from someone who may not be familiar with the area.We even have traffic lights on main roads that when the road goes quiet they revert to a default state an that state can be a green light for one houses driveway while two major roads are on red.... it really does my head in that some moron at the councils highway department takes 6 months to spot this before it is rectified.So not knowing the ins and outs of the above misfortunate situation with the 44yr old taxi driver and the 76yr old pensioner ..... it could be an error on either parties half or even the highways department.


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PostPosted: Wed Dec 21, 2011 8:32 am 
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Pensioner stepped out in front of me: accused



A CITY taxi driver accused of knocking down and killing a Plymouth pensioner has told a court he is "almost sure" the traffic lights were green.

Andrew Bates, of Warwick Orchard Close, Honicknowle, was yesterday called as the only defence witness in his trial at Plymouth Crown Court.

The 44-year-old is accused of causing the death of Gordon 'Peter' Hollister by dangerous driving during an incident at Woolwell roundabout on December 13 last year.

He also denies an alternative, lesser charge of causing the 76-year-old Southway man's death, by careless driving.

During yesterday's hearing Bates gave his account of what happened during the incident in which Bates' nine-seater Ford Tourneo private hire taxi collided with Mr Hollister.

After answering questions put to him by his defence barrister, David Morgan, Bates – wearing a white shirt with purple tie – was cross-examined by prosecuting barrister Jo Martin. "I was not in any rush," he told the court.

"I pulled into the second lane. As I checked my mirror the [traffic] light was still green."

He added: "As I got close to the lights the pedestrian pressed the button and just stepped in front of me.

"I was across the stop line when he stepped into the road."

But Ms Martin argued that he was in a rush to deliver his passenger to work in Belliver, sped up to overtake a cement lorry and ran through a red or amber traffic light.

"Mr Hollister's failing was not to look left before he stepped out," Ms Martin said.

Bates responded: "I'm almost sure it was a green light."

Ms Martin then asked him: "Why would you say it was 'almost' a green light?"

He told the court he was "getting confused". Earlier in yesterday's hearing the court heard Bates' account of the incident contained within a police statement.

In the statement, which was read to the court by MPC Abigail Bedson, who was in charge of the case, and prosecutor Jo Martin, Bates said: "I did not go out to intentionally kill anybody or run anyone over." The statement went on: "I am just devastated. I wish I could have done more to save his life.

"I had done first aid but there was nothing I could do to change what had happened.

"If I could go back and start the day again I would."

During the interview with police he also said he wasn't on any medication and added "I'm not colour blind either" when asked about what colour the traffic lights were.

The trial continues.

http://www.thisisplymouth.co.uk/Pension ... story.html

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PostPosted: Wed Dec 21, 2011 9:13 am 
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captain cab wrote:
Bates responded: "I'm almost sure it was a green light."

Ms Martin then asked him: "Why would you say it was 'almost' a green light?"


Why did the defence not object to this blatent twisting of what was actually said?

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PostPosted: Wed Dec 21, 2011 9:19 am 
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grandad wrote:
captain cab wrote:
Bates responded: "I'm almost sure it was a green light."

Ms Martin then asked him: "Why would you say it was 'almost' a green light?"


Why did the defence not object to this blatent twisting of what was actually said?


Possibly because the defendant doesn't appear to know the sequence of traffic lights?

CC

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PostPosted: Wed Dec 21, 2011 9:22 am 
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Quote:
But Ms Martin argued that he was in a rush to deliver his passenger to work in Belliver, sped up to overtake a cement lorry and ran through a red or amber traffic light.

I don't think it's necessarily illegal to go through an amber light, and the green man certainly shouldn't be showing if the traffic lights are at amber.

Quote:
"Mr Hollister's failing was not to look left before he stepped out," Ms Martin said.

Interesting.


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PostPosted: Thu Dec 22, 2011 4:11 am 
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andycable wrote:
dont know about down there up here but over here many of the traffic lights are set stupidly to an instantanious change ie when one direction changes to red the opposite direction changes to green straight away leaving no room for even the slightest error from someone who may not be familiar with the area.We even have traffic lights on main roads that when the road goes quiet they revert to a default state an that state can be a green light for one houses driveway while two major roads are on red.... it really does my head in that some moron at the councils highway department takes 6 months to spot this before it is rectified.So not knowing the ins and outs of the above misfortunate situation with the 44yr old taxi driver and the 76yr old pensioner ..... it could be an error on either parties half or even the highways department.

AGREE! about doing head in when lights are set to shut major roads down... for NO real reason.
When I drive nights i noticed certain lights would be set to be red on main road when no traffic has triggered the minor exit... Cry Wolf.... waste of professional time.... waste of fuel.... extra CO2 emmissions (stop start)... all bad.

do consider ped crossings to be more crucial.... ie not to jump them or add risk by beating them.... the people are only a step away.

must admit i dont trust any statement where the witness phrases it as if they know the mind of the driver. media also likes dramatic comments that they forward as truths... not very helpful for the trial itself.

anyway the person hit has died so proper to dig deep to find the cause.


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PostPosted: Thu Dec 22, 2011 8:23 am 
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Taxi driver faces jail after being found guilty of killing pensioner on crossing


A TAXI driver dubbed "an amber gambler" killed a Plymouth pensioner on a pedestrian crossing, a jury has ruled.

Now Andrew Bates is facing almost certain jail after being found guilty of causing death by dangerous driving.

Gordon Hollister, pictured left, aged 76 and known to his family and friends as Peter, died on December 13 last year when he was hit by Bates' private-hire cab near the Woolwell roundabout on a pedestrian-controlled crossing he used often.

In her closing speech, prosecutor Jo Martin told the jury of six men and six woman: "He (Bates) was an amber gambler; he was taking a chance.

"The light changed to red and he kept on going.

"It was a deliberate decision by him to overtake and go through the lights, and tragedy was the result."

Bates, aged 44 and of Warwick Orchard Close, Honicknowle, had denied the charge and a lesser alternative of causing death by careless driving. He showed no reaction as the verdict was returned, but there were gasps from the back of the court where his supporters and relatives of Mr Hollister were sitting in the public gallery.

Judge Francis Gilbert QC told Bates he would sentence him on January 20 following a report from the Probation Service.

He granted him unconditional bail but imposed an interim driving ban and warned: "It is all but inevitable that you will receive an immediate custodial sentence."

He also asked Miss Martin to tell the jury about Bates' previous driving convictions.

These included contravening a pedestrian crossing while stationary in 2008, speeding at 40mph in a 30mph limit and 74mph in a 50mph limit and having his taxi licence withdrawn for vehicle defects.

During the trial, the jury heard that Bates drove through a red light in his eight-seater Ford Tourneo after accelerating to overtake a cement mixer as he saw Mr Hollister poised to cross the road.

The pensioner, from Southway, was crossing a two-lane stretch of Tavistock Road following a visit to the nearby Tesco superstore at around 10.45am when the accident happened.

Despite attempts by paramedics and witnesses, he died at Derriford Hospital later that morning.

The jury heard from several eye-witnesses and was also shown graphic photographs of the crash scene.

Bates, the only defence witness, told the court he was "almost sure" the traffic lights were green.

He said he was not in a hurry and claimed Mr Hollister failed to look before stepping out in front of him.

Bates told the jury he was devastated and would do anything to be able to turn the clock back.

Outside the court, Mr Hollister's younger brother Des told The Herald he agreed with the verdict and thought Bates should be jailed.

"I am not vindictive, but people make mistakes and unfortunately they have to pay," he said.

"He made a mistake and it cost me a brother."

Mr Hollister said it had been a long wait for justice, but praised the work of two police officers: family liaison officer MPc Steve Chaplin and officer in the case MPc Abigail Bedson.

MPc Bedson said: "We are satisfied that the jury has reached the correct verdict.

"A year of hard work has gone into this case.

"The people of Plymouth should be able to use the roads and crossings without fear."

http://www.thisisplymouth.co.uk/Taxi-dr ... story.html

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PostPosted: Thu Dec 22, 2011 8:55 am 
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A lesson to us all.

2-3 years at a guess.

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