Driver given 12 month conditional discharge for killing man in petrol forecourt

11/11/2013

A motorist, who knocked over and killed a pedestrian on a petrol forecourt in Wellesbourne, has today been a 12 conditional discharge and disqualified from driving for 12 months at Warwick Crown Court after he had earlier pleaded guilty to causing death by careless driving.

Andrew Jones, aged 47, had driven his Mitsubishi L200 pickup vehicle into the Shell Services Station, Warwick Road, Wellesbourne on 12 September 2012 in order to fill up his vehicle with fuel.

On the same day the victim, 88-year-old Neville Misson had gone out for the afternoon and was waiting for a bus near to the service station when it began to rain. Mr Misson sought cover from the rain under the forecourt of the service station.

Whilst at the kiosk paying for the fuel, the defendant asked the cashier whether he could use the air line. The cashier pointed to where the line was, but also to Mr Misson who was standing at the edge of the forecourt, warning Jones of his presence.

Jones got into his car, reversed his vehicle and collided with Mr Misson, knocking him to the ground.

Emergency services were immediately called, but despite medical intervention, Mr Misson died the following day in hospital.

Sarah Hammond, Acting Sector Crown Prosecutor from West Midlands Crown Prosecution Service, said:

"This was an extremely tragic case where the victim thought he was seeking protection from the rain under a forecourt, only to be knocked over and killed by a reversing motorist.  

"Having sought shelter from the rain, Mr Misson was visible to all those who were using the petrol station at that time. Andrew Jones, having filled his car with fuel, went into the kiosk to pay for it and enquired about using the air line. The cashier informed him where the line was, but also where Mr Misson was and warned him to avoid him.

"The defendant began his reserving manoeuvre without fully taking into account what he had been told and without keeping a proper account of the information which he was receiving from all the mirrors on his vehicle.

"The result was that he reversed his vehicle into Mr Misson and knocked him to the ground. Following injuries he sustained in the collision, the victim passed away a day later. Mr Jones was arrested and charged with causing death by careless driving.

"I hope this prosecution sends out a warning to all motorists and I would urge them to be vigilant to what is around them at all times when entering and exiting forecourts of petrol stations. 

"Our thoughts are today with the family and friends of Mr Misson."