A driver who killed two members of the same family in a crash on the M62 two days before Christmas has been jailed for 13-and-a-half years. Andrew Hall, 37, was driving on Ripponden Road, Oldham, when he veered onto the opposite side of the road and smashed into a Nissan carrying Clair Fitzharris, 42, Sam Fitzharris, 15, and Ms Fitzharris' 13-year-old daughter.
Speed and alcohol readings
Minshull Street Crown Court in Manchester heard that Hall reached speeds exceeding 90mph shortly before the crash at approximately 4pm on December 23, 2023. Just three seconds before impact, he slammed on his brakes, bringing his BMW 5-Series down to 73mph.
Witnesses reported seeing Hall pass surrounding traffic while leaving the M62 slip road to enter the 50mph zone prior to the crash, the Manchester Evening News reports. After the crash, Hall was taken to hospital and his blood was tested for alcohol, giving a reading of 77 milligrams of alcohol in 100 millilitres of blood. The legal driving limit is 80 milligrams.
Family statements
At his sentencing hearing on Thursday, October 8, the family of Ms Fitzharris wept as victim impact statements were read to the court. Ms Fitzharris' sister, Lindsey, said: "They didn't die. They were killed. My family was very small. Two people were taken from us. Clair was fierce, funny, clever and compassionate. They were a talented artist and a keen gardener. Sam was 15 and in his final year of school. He was due to take his GCSE exams after Christmas. He was counting down to leaving school and he didn't have the chance. He was a gentle soul, with a wicked sense of humour and wild hair."
She said the family no longer celebrates Christmas, and that every time she gets into a car, she thinks of the crash. Ms Fitzharris' partner of 20 years, Martin, said Clair was highly intelligent, kind and considerate. "She was my partner, the mother of my children, my support and my best friend," he said. Of his son, he said: "Sam was kind, considerate, loyal, and a loving person. He was polite and courteous to anybody. Losing them was the hardest thing I have ever had to deal with."
Witness accounts
Hunter Gray, prosecuting, said the road conditions were wet, and it was beginning to go dark. He said there were numerous signs warning drivers to 'think' and to drive 'slow'. "One witness described seeing a sporty-type vehicle speed past overtaking another vehicle ahead of her," he said. "She said she made a comment about it shortly before she encountered the collision."
Another witness described Hall's BMW to be 'flying', and another said they watched him drive past at a 'ridiculous speed' and commented: "you lunatic, you're going to kill someone." Immediately following the crash, Ms Fitzharris' Apple Watch notified emergency services and their partner of the collision. A post mortem report found they had died from multiple injuries and Sam had died from abdominal injuries.
Ms Fitzharris' 13-year-old daughter, who was sat in the front passenger seat, was left with multiple injuries including fractured ribs, a fractured hip, fractured pelvis, a deep laceration to the liver, and air in their chest.
Sentencing
At the scene, Hall initially blamed Ms Fitzharris, claiming they had driven onto his side of the road. However, when officers later smelt alcohol on his breath, he told them to 'throw the book at me, mate'. He has since pleaded guilty to two offences of causing death by dangerous driving, and one offence of causing serious injury by dangerous driving. A previous charge of driving above the alcohol limit was withdrawn at an earlier hearing.
Jane Greenhalgh, defending, said Hall had been described in character references as a 'hard working father' and a 'loving family man'. "He made an error of judgement," she said. "It is his fault this accident was caused resulting in the horrendous loss of life. The defendant said to police that he thought Ms Fitzharris was in the wrong, that was his mistake. Ordinarily a thoroughly decent human being who has to live with his actions for the rest of his life. He has genuine regret and remorse."
Jailing him, Judge Jason MacAdam said: "There are no winners in this case. You tried to avoid taking responsibility including blaming Clair Fitzharris for causing this collision - that was cowardly. I consider any remorse and regret to be reactive and seeking to decrease the sentence. You deliberately ignored the rules of the road, and this was prolonged and persistent course of dangerous driving."
Hall, of Doctor Lane, Scouthead, Oldham, was jailed for 13-and-a-half years, and banned from driving for six years and nine months. He must take an extended re-test before being allowed back behind the wheel.
