A DRIVER has been found not guilty of causing death by careless driving following a crash on the A35 in which a grandfather died.
Fahd Baakza, 34, was behind the wheel of a Nissan Micra when he drove to Bridport Picnic Area to find some food on the evening of Wednesday, January 23, 2019.
Baakza drove on the A35 eastbound and manoeuvred into a filter lane to turn right to the site, also known as the Eype junction. The area has no street lighting or no CCTV cameras.
He was behind an Audi Q3 which turned into the same junction. After the Audi driver drove into the entrance of the picnic area, Baazka drove across the carriageway and collided with Victor Samways' Ford Fiesta, a court was told.
Baakza’s Micra was thrown to the opposite side of the carriageway.
After departing his vehicle, Baakza tried to get the attention of an oncoming Volkswagen Transporter van to avoid a further collision.
But the van struck Mr Samways' unlit vehicle on the westbound carriageway.
Bournemouth Crown Court heard that an HGV driver who witnessed the crash had described hearing a 'loud bang' and likened the collision to the van 'striking a brick wall'. Mr Samways, of Puncknowle, died at the scene.
Baakza, of Dorset Street, London, went on trial at Bournemouth Crown Court after denying a charge of causing death by careless or inconsiderate driving.
Prosecutor Thomas Evans had argued that Mr Samways' Fiesta’s headlights were on and his vehicle was spotted on CCTV with its lights on at the Crown Roundabout, around a mile away.
He previously described a theory that Mr Samways drove without illuminated lights on a dark road as ‘absurd’.
A police investigation into the Ford Fiesta's headlights concluded that due to the filament of the headlight bulbs being warm, it was likely they were switched on at the point of the first collision.
The Audi driver, called upon as a witness, confirmed she successfully pulled off the manoeuvre into the picnic area, but could not see any oncoming traffic.
Defending Baakza, Nicholas Tucker, cast doubt on whether the vehicle’s headlights were active, and argued this was why Baakza was unable to see Mr Samways' vehicle.
Addressing PC Edge of Dorset Police, he previously said: “The visibility of a car at night is generally speaking assisted by the fact you have the headlights on against the very dark background.
“Generally speaking, we might say it would be easier to see an oncoming car at night.”
Baakza, who described himself as a ‘cautious’ driver, denied seeing Mr Samways’ vehicle.
Judge Forster summed up the evidence in which the jury had to consider and described Mr Victor Samways’ death as ‘tragic’.
Following two hours and 29 minutes of deliberation, the jury returned a not guilty verdict.
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