AN Abergavenny pensioner who lost control of his powerful Mercedes car and collided with another vehicle in a head-on smash was in court last week.
Anthony Leslie Davies aged 72 from Ostringen Close appeared at Abergavenny Magistrates on the charge of driving without due care and attention.
The court heard how on October 19, 2010, Mr Davies experienced a "mechanical failure" on Abergavenny's Hereford Road.
Davies pulled out to avoid crashing into the vehicle in front of him, and smashed into an oncoming car belonging to Mr Rob Poynter.
Prosecutor Jean Munton said that it had been a sunny day and that visibility was good on October 19 when Rob Poynter was driving his Rover along the Hereford Road in Abergavenny.
She added, "Mr Poynter could not believe what he was seeing when a Mercedes vehicle pulled out to overtake a car on the other side of the road. He said everything happened in a split second and he did not have time to react to the car heading straight for him.
"He was not sure if he hit the brakes or steered away, but he soon felt the effects of a massive impact."
The court heard that Mr Poynter was taken to accident and emergency department of the local hospital where he stayed for three days recovering from his injuries.
Ms Munton added, "He felt considerable pain to his torso and suffered from soft tissue damage to his neck and abrasions throughout his body. The impact caused his dentures to break and its quite clear he still suffers from flashbacks, and that was why Mr Poynter is not in court today as he did not want to face the person who'd been driving the vehicle."
The collision was observed by Patrick Martin, who was driving a Bentley Continental behind Mr Poynter and described the manoeuvre carried out by Davies as "very sharp and sudden."
Mr Martin said that the driver of the Rover could not have avoided the collision. In statements other witnesses described seeing the collision happen, but not the reason why.
Ms Munton said that in interview Davies told police that he was reacting to a mechanical failure and tried to avoid hitting the car in front by going into the offside lane.
The police tried to examine the Mercedes C180's on board computer, but this was too badly damaged by the impact for data to be accessed.
During questioning Davies said on reflection that he may have hit the steering column by mistake and admitted that the accident had been a driver error and later changed his plea to guilty.
Davies said, "I may have hit the accelerator and not the brake. It's a very powerful car and nobody in their right mind would overtake in those circumstances."
Defending solicitor Mike Heames said the accident was caused by an unexplained power surge and that Davies had changed his plea to guilty because he admits he was not in complete control of the vehicle and accepts he had got the situation wrong.
Mr Heames added, "Davies accepts that at the very least he made an error in driving, but actions leading up to the incident are pure guess work as to why the power surge occured."
District Judge Richard Williams fined the retired architect £375 with the addition of £350 court costs and a £15 victim surcharge. Davies also had his driving licence endorsed with five penalty points.





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