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.

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.

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.

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.