Driver, 78, jailed for road death

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A man of 78 is starting a year in jail after a court heard how his dangerous overtaking killed a father-of-four.

Walter Phelps, of Newtown, Powys, was also banned from driving for life for causing the crash in which Andrew Cornish, 40, died.

Mold Crown Court heard Phelps caused a lorry to jackknife and passing motorist Mr Cornish collided with it.

The judge said Phelps, who admitted causing death by dangerous driving, was solely responsible for the crash.

It happened last April on the A483 Welshpool by-pass. the court heard.

Judge Philip Hughes said Mr Cornish, who was also from Newtown, could no nothing to avoid the lorry and was a completely innocent victim of the dangerous driving.

"The court has a duty to mark public concern about offences of this kind which have such a catastrophic result, " the judge said.

My client accepts the enormity of what he has done Des Parry, defending

He said Phelps would be given a life driving ban because the quality of his driving had deteriorated so much he would remain a danger behind the wheel.

The court heard Phelps made two mistakes - pulling out to overtake a lorry when it was dangerous, and failing to pull back when he realised he could not make it.

He tried to squeeze in between a Volvo low-loader lorry and an oncoming petrol tanker, but then struck the tanker and cut across the front of the lorry he had just overtaken.

There was a collision between the lorry and Phelps' Rover car while Mr Cornish's Honda hit the jackknifed lorry.

At the time Phelps was a voluntary driver for Powys Challenge, and had a passenger Neil Jones who he was taking to an appointment in Newtown.

Greater impact

Mr Jones told of Phelps' previous erratic driving and said he had spoken of how fast his J-reg car could go despite its age.

Defending, Des Parry said the tragic accident had a great effect on his client but he appreciated that nothing compared to the effect it had had on Mr Cornish's family.

Phelps accepted full responsibility for the crash, said Mr Parry, but the fact that the lorry being overtaken was being driven at 55mph when it should be limited to 40 had a greater impact when there was a collision.

"My client accepts the enormity of what he has done," Mr Parry added.