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Driver Nicola Pond spared jail despite causing trucker's death

Maidstone crown court
Maidstone crown court

by Keith Hunt

A woman whose driving caused the death of a trucker has been spared a jail sentence, despite a judge saying she had shown no remorse.

Pregnant Nicola Pond was told her lack of willingness to face up to her responsibility for the death of Alan Witte was “deeply disturbing”.

The 21-year-old nursery worker was sentenced to 12 months imprisonment suspended for 12 months, ordered to complete 200 hours unpaid work and banned from driving for three years.

Pond, of Brewery Road, Plumstead, South East London, denied causing death by careless driving, but was convicted.

Maidstone Crown Court heard she was driving her Ford Fiesta on the M20 at Wrotham Hill on February 11 last year when she “swooped” in front of 55-year-old Mr Witte’s lorry.

defence

charles sherrard, defending, said pond was “shocked to the core” about what happened.

it was speculation, he said, to suggest the driver was distracted before the crash.

“she knows she has caused loss of life,” he said. “she said in the witness box she wished it had been her.

“nothing can be gained by sending this girl to prison. nothing the court can do will bring back a loved one.

“she will never move on from this, what ever the court does. this will always live with her.”


The truck struck the car before sliding across the London-bound carriageway and flipping into the air. Both the lorry and car ended up in a ditch.

After the crash, Pond, who had not been wearing a seatbelt, screamed: “I have killed him.” She claimed the steering went to one side and she could not correct it.

But prosecutor Nina Ellin said Pond failed to properly control her car after driving too close to the lorry and causing Mr Witte, of Bury St Edmunds, Suffolk, to take evasive action and swerve off the motorway.

Judge Martin Joy told Pond, who is expecting her first baby in January, she had been convicted on overwhelming evidence.

“This was not a momentary loss of attention or loss of concentration,” he said. “It was a course of driving. Only you know what you were really doing in that car when you overtook.

“I am satisfied you were doing something and that you deliberately took that seatbelt off and you were probably dealing with cakes on the seat, or something in the car.”

The judge added: “I think you have shown no remorse for your behaviour, because you have simply failed to tell the truth about what you were doing.

“You have said it was all the car’s fault and it wasn’t. It had nothing to do with the brakes. I find that a very surprising attitude for a young woman said to be an impressive and responsible young woman concerned for others.

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