A man has been jailed after crashing into and killing a woman who was crossing the road outside her home in south Wales. Andrew Perry, 56, of Greenmeadow Bungalows, Caerphilly, failed an eyesight test at the scene of the crash on Commercial Street in Pengam, Blackwood.
Gaynor James had almost reached the pavement when Perry failed to stop at a pedestrian crossing and hit her in his Ford Focus. The 84-year-old was rushed to the University Hospital of Wales but died the next day from her injuries.
Newport Crown Court heard on Tuesday that police and paramedics were called to the scene on February 22, 2024, where they breathalysed the defendant, Perry, and conducted a roadside eye test. He was found not to be under the influence of any substances but did fail the eye test. He told officers at the scene that Ms James had stepped out in front of his car, and that the collision was unavoidable.
Prosecutor Matthew Cobbe said Perry was driving with his 15-year-old apprentice in the passenger seat at the time of the crash. Mr Cobbe said another driver, referred to as Mr Lewis, was travelling in the opposite direction. Mr Lewis described Ms James as being very visible as she was walking across the road with a walking stick and an umbrella. He said he could see her from around 40 to 50 metres away.
Mr Cobbe said: "As the defendant approached the crossing, plainly, he did not adjust his speed at all... Ms James collided with his windscreen. Ms James died later the next morning due to the injuries she had sustained in the collision."
Reading an impact statement to the court, Ms James' daughter Rhian Brooke said the loss of her mother has "left a gaping hole" in the lives of her and her sister. Ms Brooke said at the time of the crash her mother "had been walking outside of her home, a place of familiarity." "My mother was so full of life, and she has been taken from us, by the actions of a stranger," she said.
Ms Brooke travelled to the University Hospital of Wales from her home in Somerset as her sister booked flights to travel from Australia. Her sister was not able to see her mother before she died. "My mother was a kind, gentle, thoughtful person who was respected by all who knew her... She was a strong, independent woman, excited about her future." Ms James had flights booked to visit her daughter and grandchildren in Australia. Her passport arrived at her address the day after she died.
The court heard that when asked by a police officer, Perry was unable to read the letters of a number plate 25 metres away from where he was standing. When asked why that was by a police officer, he said he had always struggled reading numbers and letters. "He told police that there was nothing he could do to avoid the collision," Mr Cobbe told the court.
The police investigation that followed revealed that in 2002, Perry had been diagnosed with Stargardt disease. This is a rare, inherited eye condition that causes progressive central vision loss. Perry had three previous convictions for four offences. In October 2003 he was dealt with at Miskin Magistrates' Court for drink driving offences, and in 2009 at Gwent Magistrates' Court also for drink driving. He was disqualified from driving on both of those occasions. When reapplying for his licence after the ban was over, Perry failed to inform the DVLA of his "degenerative eye condition."
It was the opinion of an ophthalmologist that Perry had been driving with severely impaired eyesight for more than two decades. Acting in Perry's defence, Heath Edwards described the defendant as being "devastated at the consequences of his actions." Reasons for Perry not declaring his visual disability included driving being imperative to his business operations, and a crucial feature of his life - for things such as doing his weekly food shop, and going to his grandson's football matches.
Mr Edwards asked Judge Daniel Williams to consider his guilty plea in his sentencing, as well as written statements provided by his wife and family friends, who described him as a "loving husband and caring friends, known to go out of his way to help others." The court heard that the impact of immediate custody on Perry would impact his family, as they are already behind on their mortgage payments, and also his employees, who will be out of work.
Upon sentencing, Judge Williams said: "For 10 months, you maintained your innocence. You changed your plea in April which will give you a sentence reduction of around 15 per cent. Gaynor was 84 years old when she was walking outside her home in Pengam. As you approached, she was crossing from your off side. She was carrying an umbrella and using a stick to walk. You struck Ms James as she crossed the road. She was fatally injured in the collision and she succumbed to her injuries the next morning. Why did you not see Ms James crossing the road when others did? The answer to that is you have a long standing degenerative eye condition. You declared no medical conditions when reapplying for your driving licence in 2004. In 2009 you were back again before the courts for drink driving offences. You were disqualified from driving for three years. Three years later you applied for your driving licence. Again, you said you had no medical conditions. The harm your selfishness has caused is incalculable... Ms James' long life got cut short because of your stupidity. She was a loved and cherished mother, grandmother and friend. In my judgement, it is necessary to disqualify you from driving for life. For decades, you have driven with a degenerative eye condition, showing me your readiness to endanger the public."
Judge Williams sentenced Perry to six years and 10 months imprisonment and banned him from driving for life. Perry will serve half of this in custody and the remainder on licence. His wife wept in the public gallery as he was taken down.
PC Spencer Clease, the Gwent Police officer in the case, said: “This is a tragic case that has resulted in the needless loss of a life; my deepest condolences go to the family and friends of Gaynor James. Perry’s poor eyesight, caused by Stargardt disease, was a significant and dangerous factor for this entirely preventable collision. He should not have been driving. Perry’s decision to drive with poor eyesight led to the collision, causing the death of Mrs James who was crossing the road on her way to church. Following the collision with Mrs James, Perry failed a roadside eyesight test and claimed he couldn't read or write. Due to the overwhelming evidence gathered by officers, Perry was left with little option but to plead guilty to the charge he faced in court. This case should serve as a reminder to everyone who gets behind the wheel – you have a personal responsibility to make sure our roads are as safe as possible and making sure your eyesight meets the standards of vision for driving is an important part of that. Your responsibility isn’t just to ensure your own safety, but the safety of everyone around you.”
