Van driver with eight convictions for using phone at wheel killed cyclist while texting – six weeks after judge let him keep licence
A VAN driver with eight previous convictions for using his phone at the wheel struck and killed a cyclist seconds after reading a text message - just six weeks after convincing magistrates to let him keep his driving licence, a court heard today.
Christopher Gard, 30, has been jailed for nine years after he ploughed into father-of-two Lee Martin, 48, who was competing in a ten mile time trial event.
Mr Martin's heartbroken brother Darrell has launched a scathing attack on magistrates for dishing out "light" punishments on Gard, saying they "failed my brother and failed my family".
He added that he "hoped it was an accident and that I could forgive someone but it wasn't".
Gard, whose four-year-old son was in the car at the time of the crash, wept as he heard the impact his actions had on Mr Martin's family and friends.
The dangerous driver had exchanged messages with his pal in which he said "I'm going to take the dog out over the back fields in half an hour if you fancy it."
He then read his friend's reply which said "just popped to mum's with Kelly" nine seconds before he knocked Mr Martin down.
Gard later admitted he initially lied to police that he hadn't used his phone moments before causing the fatal collision.
To find out my brother lost his life to someone who had been convicted eight times for using his mobile phone while driving makes the whole thing much worse, so much more senseless and so much more avoidable. I think a death was inevitable.
Lee's heartbroken brother Darrell
When police learned the truth he argued that he used his phone in a layby when he stopped in his white Ford Transit van to allow his young son to urinate.
Gard later accepted he had read the message but claimed that the collision itself happened because he was distracted by his young son.
Gard took a "deliberate and calculated" action in deleting three messages from his mobile phone to hide the fact he was using it, Winchester Crown Court, Hants, heard.
Mr Martin, who leaves behind two daughters aged 12 and 15 and his widow Jo, would have celebrated his 50th birthday yesterday.
The fatal crash happened on August 12 last year on the A31 dual carriageway near Bentley, Hants, just six weeks and one day after Gard, of Alton, Hants, was allowed to keep his licence.
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Reading his own victim impact statement in court, grieving Darrell said: "The whole thing was totally avoidable. I hoped it was an accident and that I could forgive someone but it wasn't.
"To find out my brother lost his life to someone who had been convicted eight times for using his mobile phone while driving makes the whole thing much worse, so much more senseless and so much more avoidable.
"I think a death was inevitable.
"Only six weeks before the event he was pleading before magistrates."
A tearful Mr Martin, who looked at Gard in the dock throughout while the defendant hid his face in his hands, said he was unable to forgive him for taking his brother's life.
Regrettably, there is nothing this court can do today that will in any way ease the distress for those of Mr Martin's family and friends. You showed an arrogant disregard for the safety of others on the road."
Judge Susan Evans QC while passing sentence
He added: "Magistrates failed my brother and failed my family by giving out such a light punishment.
"I don't believe this man had learned any lessons by simply getting three points on his licence.
"And to add insult to injury he deleted his texts and pretended to be remorseful. He's wasted police time and court time.
"All because he sent text messages about meeting his mate later and taking his dog for a walk."
Charlie Gabb QC, prosecuting read a victim impact statement from Mr Martin's widow Jo, who described the ache she felt every day and waking up to see the space in the bed where her husband no longer lay.
Lee Martin's widow's heartbreaking victim impact statement which was read out in court
Jo Martin, the widow of Lee Martin, said in a victim impact statement how she ached every day as she woke up in bed with her husband no longer by her side. Through her statement, which was read by prosecutor Charlie Gabb, Mrs Martin said: "Every time I see the missing space in our bed it aches. For the last year we haven't known the truth of what happened to Lee." She explained how she panics every time her children leave the house, fearing it could be the last time she sees them - as was the case with her husband. She went on: "My whole world has been rocked to its foundations. We never knew he wasn't coming back." She described her pain at not being able to say goodbye to her husband, and how she wanted to hold his 'big rough hands' but she couldn't in the morgue because they were cold to touch. The family had to wait several weeks before they could hold Mr Martin's funeral because Gard had requested a second autopsy, while she said his death had not "kicked in" fully with her daughters. She said: "We were strong as a four, and now we have to be strong as a three. "He [Gard] drove without any concern for the danger of others on the road, and he tried to deny what happened. "Every day I think of Lee and miss him."
Gard had twice attended driving awareness courses and was given fixed penalty notices five times since April 2009 for using his phone while driving.
On June 30 last year Gard was convicted in court again.
Realising he faced disqualification he pleaded with magistrates to keep his licence claiming it would cause "excessive harm" to his family.
He also promised them he would lock his mobile phone in the boot of his van while he was driving.
On the day of Mr Martin's death the court heard Gard, with his four-year-old son in the front passenger seat, had earlier failed to spot a number of other cyclists competing in the time trial, despite the fact the weather and visibility was clear.
Christopher Gard's full history of punishments after being caught talking on the phone while driving
Gard was driving at 65mph when he struck down cyclist Lee Martin after he had read a text. Here we list the eight previous punishments he had received for talking on the phone while driving
April 24 2009 - receives a fixed penalty notice.
June 27 2012 - attends driver awareness course
June 23 2013 - receives fixed penalty notice
January 9 2014 - attends driver awareness course
August 21 2014 - receives fixed penalty notice
August 28 2014 - receives fixed penalty notice
October 12 2014 - receives fixed penalty notice
June 30 2015 - convicted after trial, magistrates choose to let him keep his licence and he receives fixed penalty notice.
September 2016 - He is jailed for nine years after killing Lee Martin in August 2015
He drove for 3.9 miles on the dual carriageway while motorist Lisa Rome, following behind him, clearly spotted other cyclists and moved into the outside lane to pass.
But she watched in horror as Gard, who she expected to give Mr Martin room, simply drove into the back of him - throwing him into the air before he landed on the windscreen.
Mr Martin died at the scene.
Ian Bridge, mitigating, said his client wished he could turn the clock back to his day at magistrates court, and accepted a disqualification.
Gard admitted causing death by dangerous driving on the first day of his trial, having initially denied the charge.
His mother shouted "I love you mate" as he was led to the cells
Gard must serve half of his sentence before he is released on license.
Sentencing, Judge Susan Evans QC said: "This is a senseless loss of life.
"Regrettably, there is nothing this court can do today that will in any way ease the distress for those of Mr Martin's family and friends.
"You showed an arrogant disregard for the safety of others on the road."
She continued: "On June 30 last year just six weeks before you collided with Mr Martin you were convicted after trial of driving whilst using a mobile telephone and on that day, you put forward to the magistrates that you would encounter special hardship.
"You assured the magistrates you wouldn't use your phone, that you would lock it in the boot of a car in a bag."
Gard was disqualified from driving for 14 and a half years and must take an extended test on his release.