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Five years in jail for motorist who killed cyclist while looking at pictures on mobile phone

Judge tells Andrzej Wojcicki that victim Owain Richard James “didn’t stand a chance”

A minibus driver has been sent to prison for five years and handed a 10-year ban from driving for killing a cyclist while looking at pictures on his mobile phone.

Andrzej Wojcicki, aged 45, had been looking at pictures of vintage sports cars on his phone as he drove at 50 miles an hour on the A472 near Newbridge, Gwent, when he struck cyclist Owain James on Sunday 21 July 2013.

Mr James died later in hospital as a result of the severe injuries he sustained in the crash.

BBC News South East Wales reports that a jury at Cardiff Crown Court took seven hours to convict Wojcicki, who had been driving home from a Jehovah’s Witness conference with his wife and children, of causing death by dangerous driving.

Sentencing Wojcicki, who had denied that he had been taking pictures and viewing them at the wheel, Judge David Wyn Morgan told him that "Mr James didn't stand a chance."

Lord Harley, defending Wojcicki, claimed there was no evidence of the phone being used at or prior to the time of the collision, which resulted in the victim being thrown into the air and hitting the bonnet and windscreen of the minibus.

He also claimed that Wojcicki, was a "diligent driver" and that the cyclist had swerved into the path of the vehicle, saying, "For him to come into the path of my client took less than a second. It was all over in a second."

Witnesses however described how the minibus was being driven erratically as though the driver seemed distracted, and one said that after the collision, Wojcicki took pictures of the fatally injured rider.

Nicholas Jones, prosecuting, said: "The driver never saw the cyclist because he was distracted until after he collided with him.

"Because Wojcicki was driving dangerously, he caused the death of Mr James. It is as simple as that.

"You do not take pictures while you are driving along and then look at them."

Judge David Wyn Morgan told Wojcicki: "You were paying little if any attention to the road in front of you.

"The visibility was excellent and the traffic was minimal - if you had been looking you couldn't have failed to be aware of the cyclist.

"The distraction which caused this was your use of the mobile telephone for taking pictures of cars.

"The use of a mobile telephone to examine images while driving is every bit as dangerous as texting.

"You were driving a three-tonne minibus - Mr James didn't stand a chance," he added.

Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.

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19 comments

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jacknorell | 10 years ago
1 like

Only a 10 year ban?

Needs to be life as the default for dangerous driving leading to KSI.

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Flying Scot | 10 years ago
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Expect an appeal on the basis that he instructed a loony instead of a solicitor.

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Binky | 10 years ago
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Than you for explaining  1

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truffy | 10 years ago
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Only 5 years for a life?  14

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Housecathst replied to truffy | 10 years ago
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truffy wrote:

Only 5 years for a life?  14

Your right, it's a sorry state of affairs that read the story I was thinking at least he got 5 years.

Let's hope that it's its 5 (well, more likely 2) very uncomfortable years for him.

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notfastenough | 10 years ago
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JW = Jehovah's Witness; Martin is suggesting that a jury identifying a defendant as part of some minority outgroup would not help them to relate to him. Pretty much the reverse of the driver being the stereotypical 'hard-working family man' that the jury relates to, just prior to deciding "that could be me" and letting them walk.

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steviewevie | 10 years ago
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The judge apparently wasn't too impressed with the defending lawyer.

http://www.bbc.co.uk/news/uk-wales-28979459

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zanf replied to steviewevie | 10 years ago
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steviewevie wrote:

The judge apparently wasn't too impressed with the defending lawyer.

http://www.bbc.co.uk/news/uk-wales-28979459

Just saw the same story in the Graniaud

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truffy replied to zanf | 10 years ago
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zanf wrote:
steviewevie wrote:

The judge apparently wasn't too impressed with the defending lawyer.

http://www.bbc.co.uk/news/uk-wales-28979459

Just saw the same story in the Graniaud

And if you follow the link to Dr The Right Honourable The Lord Harley of Counsel of the Most Venerable Order of the Hospital of Saint John of Jerusalem's LinkedIn profile, he appears to claim patents from the 1940s awarded to Lieutenant-Colonel Stewart Blacker. It's all very odd, Harry Potter seems almost normal in comparison.

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notfastenough replied to steviewevie | 10 years ago
1 like
steviewevie wrote:

The judge apparently wasn't too impressed with the defending lawyer.

http://www.bbc.co.uk/news/uk-wales-28979459

How very very bizarre.

If you were the defendant, and the case started with your brief getting a b0ll0cking like that, you wouldn't fancy your chances much, would you?!

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PantanAYEMAN | 10 years ago
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Quote:

He also claimed that Wojcicki, was a "diligent driver" and that the cyclist had swerved into the path of the vehicle, saying, "For him to come into the path of my client took less than a second. It was all over in a second."

Surely, even if true, this could not be accepted as an excuse? You should be giving enough space and attention to cyclists to account for this.

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IHphoto | 10 years ago
0 likes

Driver was sentenced to 5 years of which half has to be in prison.

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Simmo72 | 10 years ago
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Using a mobile as a MP3 is also bad. Touch screen technology is partly to blame. the trouble is how can it be stopped?

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themartincox | 10 years ago
0 likes

The fact he was a JW probably didn't help him, separated him from the jury.

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Binky replied to themartincox | 10 years ago
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themartincox wrote:

The fact he was a JW probably didn't help him, separated him from the jury.

Sorry. I don't understand what you mean.

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vanmildert replied to themartincox | 10 years ago
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themartincox wrote:

The fact he was a JW probably didn't help him, separated him from the jury.

I do hope that wasn't a factor - JW, Christian....or whatever delusions he suffers from has nothing to do with the fact that he is a dangerous moron to drive like he did.

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ronin replied to themartincox | 10 years ago
1 like
themartincox wrote:

The fact he was a JW probably didn't help him, separated him from the jury.

Well perhaps he isn't a very good one if he didn't know using a phone and driving is dangerous.

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Dnnnnnn | 10 years ago
0 likes

Better than some sentences but still not enough - this wasn't an accident.

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drfabulous0 | 10 years ago
1 like

Hopefully with more sentencing like this drivers might think twice about messing with their phones, doubt it though.

RIP Mr James.

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