Death driver is facing jail term

Mar 14 2008 by Jean Parry, South Wales Echo

THE driver of a car who knocked down and killed a South Wales pensioner who was holidaying in Torquay with her husband has been warned he faces jail.

Tegwen Ellis, 75, and her husband Henry, then 76, were out for an evening stroll and crossing the road when a BMW convertible driven by 28-year-old Lee Sherratt struck them outside their seafront hotel.

At Exeter Crown Court yesterday, Sherratt pleaded guilty to causing Mrs Ellis’ death by dangerous driving in Belgrave Road in August, 2006.

The court heard the driver, from Paignton, Devon, was being “grossly inattentive” at the time.

Mr Justice Royce QC said the case was “shrouded in mystery,” as Sherratt was not driving at an excessive speed or using a mobile phone.

He adjourned sentence pending a report, but warned: “You must be under no illusions as to the sentence that will be imposed.”

Prosecutor, Richard Crabb, said the guilty plea had been accepted on the basis that Sherratt was being “grossly inattentive” at the time of the fatal collision on a well-lit street. The defendant had failed to see Mr and Mrs Ellis, who were crossing the road and who were in the centre of the carriageway from the other side of the street.

The Echo reported at the time how the couple, from Castle Park, had gone out that night for a stroll after playing bingo. Mr Ellis suffered multiple injuries and spent a lengthy period in hospital.

After hearing from experts how long the couple may have been in the road, Mr Crabb said: “It may well be that the exact distance or time does not matter because either way there would have been ample time for Sherratt to take evasive action and he accepts that.

“As far as speed is concerned it is not the Crown’s case that his speed was greatly excessive and the impact speed was between 29 and 35 miles an hour.”

Mr Justice Roye said: “Whether it be 10.8 seconds or 7.9 seconds he must have had them in full vision for a substantial time.

“The case is shrouded in some mystery and he was not talking on a mobile telephone.”

David Sapiecha, for Sherratt, said his client, who was granted bail, had been told and understood the likely sentence and he had not driven since the accident.

jean.parry@mediawales.co.uk