Fatal crash driver banned for 3 years

A SCARBOROUGH pensioner who caused the death of a motorcyclist has been banned from driving for three years.

Thomas Galavan, 71, appeared before York Crown Court yesterday for sentencing, having previously admitted causing the death of 45-year-old Colin Agar by careless driving.

Father-of-two Mr Agar was riding towards Scarborough Road on his black Yamaha FZ-600 when he fell from his bike and came to rest under Galavan’s Kia Sorento.

Mr Agar, of Pickering, died 11 days after the incident in June last year.

A former biker himself, Galavan had at first claimed not to have seen the approaching motorcycle because the motorbike’s headlight was not on.

He also initially believed that Mr Agar had been travelling fast along the B1261 between Crossgates and Seamer.

However, Tom Storey, prosecuting, told the court examinations had proven t the motorcyclist’s lights had been on and other drivers confirmed Mr Agar had been driving in the 40mph speed limit.

The court heard Galavan had been heading from his home in Centurion Way intending to turn right onto the B1261 towards Scarborough.

He stopped at the junction, but pulled out in front of the motorcyclist. Mr Agar braked hard, falling from his motorcycle and ended up behind Galavan’s vehicle.

Mr Storey said that although Galavan had initially stopped his vehicle he then drove off again. By doing so, the rear wheel of his vehicle ran over Mr Agar’s chest and shoulder, causing injuries that later led to his death.

Describing the incident as “wholly tragic” Ed Moss, mitigating, said his client had not initially seen the motorcyclist and had stopped in the road to allow other vehicles to pass. Then, not realising Mr Agar had slid underneath his 4x4, he attempted to move to a safer position.

Mr Moss said the death of Mr Agar would “haunt” his client for the rest of his life and that he had voluntarily surrendered his driving licence.

Passing sentence, Judge Roger Ibbotson said that nothing he could say or any sentence he passed could alter what had happened.

He added it was apparent that Galavan was truly remorseful and aware of the “extremely severe” effects the death had had on Mr Agar’s partner and their two daughters.

Galavan was sentenced to a 12-month community order with 120 hours of unpaid work. He was disqualified from driving for three years and told he would have to sit an extended driving test if he ever intended going back on the road. He was also ordered to pay £425 costs.