Grieving widow says death crash driver 'robbed' her of future withcyclist husband

At least he has admitted his guilt in court.
QUOTE:
A devastated widow has told how she feels robbed of her future after a driver admitted causing the death of her cyclist husband.

Barry McConnell “cut the corner� of a T-junction as he turned off the A89 in West Lothian on February 27, 2018. McConnell, 47, pled guilty at Livingston Sheriff Court today to causing Gwyn Bailey's death by driving his powerful grey Mercedes C220 – sporting the personalised number plate AJ05 BAZ – without due care and attention.

Leanne Bailey, 41, said: “Gwyn and I married after being together for 10 years but due to the actions of another person we were not able to even celebrate our first wedding anniversary.

“We have been robbed of our past, present and future – the reason I feel robbed of our past is because I am now left with only memories and right now that brings me only pain.�

In a statement through her solicitors Digby Brown, Leanne told of a daily struggle to survive without Gwyn.

She added: “Ultimately the person who has had the most taken from them is Gwyn but working through a sudden and traumatic loss has been one of the hardest things I have ever had to do.

“I am forced to find ways to survive just to get to the end of each day then before I even get to sleep I know I have it all to do again the next day.

“At times there are brief moments of enjoyment but these are short lived and then dwarfed by the feelings of guilt afterwards because I realise Gwyn wasn't part of it.

“I will never find the words to explain what things have been like this last 20 months.

McConnell claimed he was momentarily “blinded by the sun� (THE OLD ONES ARE THE BEST - SM)as he turned into the narrow country road and failed to see Gwyn riding into his path because the dad-of-one was wearing black and cycling in the shadow of a hedge.

His lawyer described the way the accident happened as “almost like a perfect storm� but admitted his client should have slowed down and checked the road ahead was clear before continuing. (OF COURSE HE SHOULD HAVE -SM)

First offender McConnell also pled guilty to using the vehicle without an MoT certificate and with tinted side windows that were almost twice as dark as the law allows.

The surveyor – a father of two himself – was disqualified ad interim and sentence was deferred until 26 November for background reports.

Depute fiscal John Adams, a specialist prosecutor from the Crown Office’s road traffic fatalities investigation unit, said Welshman Gwyn had worked in Edinburgh as a manufacturing manager since 2011.

He is survived by Leanne and their daughter, who was just eight at the time of the accident.

He said McConnell had turned right across Mr Bailey’s path on a dry day when visibility was good and he had a clear view of the road ahead for almost half a kilometre.

He had been driving towards a low, setting sun at around 17.15 when he entered the junction via a filter lane without stopping, cutting the corner as he did so.

He said: “The sun would have been directly behind the deceased. Having turned the way he did the collision was inevitable.�

Mr Adams said that if McConnell had driven to the end of the filter lane as he should have, he would not have struck the cyclist.

As it was, the front of the accused’s car smashed into Mr Bailey bouncing him up into the windscreen and the A pillar before throwing him down onto the kerb.

The accused – who was in “a state of shock� – braked immediately and went to assist Mr Bailey, who was still breathing but seriously injured, putting his fleece jacket under his head in a bid to make him more comfortable.

He told police who arrived at the scene moments later that he hadn’t seen the cyclist because the sun was in his eyes. “He said: “I couldn’t see him.

The sun was low. I couldn’t see him.�

Mr Adams said an ambulance arrived soon afterwards, but it was immediately apparent that the cyclist’s injuries were serious.

Paramedics carried out CPR then requested an emergency response doctor. But by the time the doctor arrived from Edinburgh Royal Infirmary there was no evidence of cardiac or respiratory output and Mr Bailey was pronounced dead at 18.20h.

The fiscal said accident investigators had concluded that the collision was the result of the accused failing to carry out proper observations before making the right turn into the cyclist’s path.

Richard Freeman, defending, said McConnell, of Robertson Avenue Bathgate,

accepted that visibility was fine on the day and said that he had his sun visor down.

“He tells me he was looking extensively up the A89 for cars. The hedgerow and the shadow that cast encroached upon the path of the cyclist. He clearly didn’t see the cyclist.�

He added: “As a matter of meteorological opinion his view of the cyclist in question was obscured for the length of that hedgerow because of the shadow, because the cyclist was wearing black clothing, because the cyclist was in a crouched position – and this is no criticism of the cyclist –(WHAT ABOUT THE TINTED WINDOWS? - SM)

because the cyclist was in close proximity to the darkest part of the shadow.

“Unfortunately, as he’s turning he’s turning into the sun it blinds him and, very unfortunately, he hits the cyclist. The way this offence arose it’s almost like a perfect storm.�

Sheriff Susan Craig banned McConnell from driving with immediate effect and told him the length of the disqualification would be decided on sentencing..

She told him: “You understand there are a number of sentences this court can impose on you up to and including a custodial sentence. Apart from any other reason that’s why it is a requirement that I have a criminal justice social work report.

“I understand that victim impact statements will be available to the court on a future occasion.

“The fact relatives have come to court today is a matter the court understands may have been difficult.

“What I want to do is offer the courts condolences to them now in case they are not here on a future occasion, but their statements will be taken into account and will affect appropriately the disposal.�

eanne added: “No conviction or sentence enforced on this driver will ever suffice – the only way he could even come close to understanding the consequences of his actions would be if he felt even a fraction of the pain he has wrought on me, my daughter and Gwyn’s friends and family.�

https://www.dailyrecord.co.uk/news/s...crash-22945505