A COVENTRY man had to have his leg amputated because of the severity of his injuries when he was hit by one of two cars that had sped away from traffic lights at more than 70mph.
And a judge expressed astonishment that one driver’s plea of not guilty to causing serious injury was accepted – on the basis that he was no longer racing at the time the victim was hit.
Kaleem Adalat and William McDonagh had both been charged with causing serious injury to pedestrian Graham Stanley in November 2018 by dangerous driving.
Adalat (22) of Lythalls Lane, Holbrooks, Coventry, had pleaded guilty as long ago as July last year.
But McDonagh (24) of Wexford Road, Wood End, denied the charge, and at a hearing last month the prosecution accepted his plea of guilty to an alternative offence of dangerous driving.
Following an adjournment for a report to be prepared on him, prosecutor Amrisha Parathalingam said that November 14 was ‘the day that changed everything’ for lorry driver Graham Stanley.
He had finished work at 6.30 that evening, parked his lorry and crossed Sky Blue Way in Coventry to go for a few pints in the Gosford pub.
Having left the pub, he bought a kebab and then crossed Far Gosford Street to get to the pedestrian crossing on Sky Blue Way where, although the lights were on green in favour of the traffic, he could see nothing approaching, so began to cross.
“He recalls being hit to the right side of his stomach and feeling his left foot exploding,” said Miss Parathalingam.
McDonagh in a Ford Focus and Adalat in a BMW 320 Sport had been heading away from the city centre along Sky Blue Way, and McDonagh reacted to seeing Mr Stanley by swerving into the second lane and driving on.
But Adalat did not see him until it was much too late, hitting him with the wing mirror of the car and running over his foot.
He continued to a roundabout where he turned round and came back to the scene, where he remained until the police arrived – and he tested positive for cannabis.
Miss Parathalingam said the background appeared to have been some sort of exchange between the two drivers when they were alongside each-other at traffic lights.
They sped away from the lights, reaching an estimated 71mph on the 30mph-limit road before Mr Stanley, who said that when he began crossing ‘nothing was coming, not even headlights,’ was hit.
As a result of the collision he suffered four breaks to his leg and ankle, and despite undergoing four operations, his leg eventually had to be amputated.
Following their arrests, McDonagh denied he had been driving dangerously, while Adalat said that after an exchange at the lights, the Focus had sped off and ‘in a moment of madness’ he had sped off behind it, but put his speed at 50mph.
Judge Peter Cooke commented: “I will deal with this as a case of two drivers racing each-other.”
Told it could not be established that McDonagh was racing, the judge remarked: “So we have two cars side-by-side, and independently decide to head off at 70 miles an hour in a 30 zone – and the Crown are prepared to accept they were not racing.
“I accept one of them did something which riled the other, but what I’m concerned with is what happened when they both floor the accelerators away from the lights.
“I am not prepared to deal with this case on the basis that two people haring off at 70 miles an hour from the lights were not racing. It’s completely divorced from reality.”
Gerry Mohabir, for McDonagh, said: “His position is that when they burnt each-other off at the start, they must be racing.
“But Mr McDonagh got so far ahead he was out of sight, and that when the collision occurred they were no longer racing. At the point where Mr Stanley was hit, the racing was over.”
Judge Cooke declared: “I am not dealing with it on this basis. I am quite astonished at the lack of analysis by the prosecution.”
He adjourned the case for the issue to be decided, and for dash-cam footage from Adalat’s car to be played – and, after a further adjournment because of the Coronavirus situation, that will take place on a date to be fixed.
