‘Careless’ Swinton driver in tears as bereaved daughter reads victim impact statement

Kevin Smith (42), of Cedar Close, Swinton, wept in the dock at Sheffield Crown Court as Jenifer Oroszova spoke about the impact her dad’s death had had on her.

Smith killed biker Tomas Orosz (35) when he drove into the path of his Suzuki motorbike as he turned right out of Doncaster Road in Goldthorpe onto the A635 in his Vauxhall Astra.

Mr Orosz died at the scene of the collision on January 10 last year just before 9pm.

Smith was handed a 12-month jail sentence, suspended for two years on Tuesday after admitting causing death by careless driving.

Ms Oroszova said the tragedy had affected her the most.

“This traumatic event has hurt me like nothing before - just because of one careless man’s driving,” she said.

Smith, who was convicted of drink-driving in 2000, wept in the dock while Ms Oroszova read her statement out in court.

Prosecutor Mr Gordon Stables said expert analysis showed that Mr Orosz had been riding his Suzuki motorbike at 54mph - which was 6mph below the speed limit.

Mr Orosz had tried to brake when Smith pulled out but he could not stop in time and skidded into the car, Mr Stables said.

Smith claimed during his police interview that he had stopped at the junction to give way - something the prosecution said was “unlikely”.

“If the defendant had stopped at the give way line and looked both ways it’s hard to imagine a motorcyclist 40 to 80 metres away could not have been seen,” said Mr Stables.

In a 999 call Smith made after the collision he said: “I pulled out and I just didn’t see him.”

Mitigating, Mr Edward Moss said Smith had always taken full responsibility for what he had done and for “ruining the lives of everyone involved”.

“He wishes to say through me that if he could swap places (with the victim) he would,” said Mr Moss.

“He will live with this for the rest of his life and he only wishes he could turn the clock back.”

Judge Jeremy Richardson said Smith’s act of carelessness had had catastrophic consequences.

“A man has died and his family are devastated,” he said.

“No sentence ever places, or could ever place, a value on the life of the deceased in this case, which is infinite.

“In every sense, you were a respectable family man and you made a deplorable mistake.”

Judge Richardson said the collision was inevitable because Smith had “pulled right in front of him”.

“It is tragic in every sense of that word,” he said.

“The carelessness in this case eventuated in a matter of seconds but it was a bad case of carelessness in the way I have described.”

The judge said if there had been no delay in the case coming to court, and Smith had been sentenced at the end of last year, it would have been difficult to avoid sending him to prison for six months.

“It must be remembered that you are being punished for an act of carelessness,” he said.

Smith was banned from driving for seven years and ordered to pay £750 costs.