Drink-drive BMW driver lost control of car which killed pedestrian in St Leonards

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A driver who lost control of his vehicle in a fatal collision in St Leonards has been jailed.

Gary Cornwall accelerated out of the junction of Gillsmans Hill onto The Green and mounted a kerb. The BMW collided with pedestrian David Evans, 72, from Hastings, who was walking on the pavement and was declared dead at the scene, said police.

A court hearing heard how Cornwall, 57, of Woodland Vale Road, St Leonards, was over the legal alcohol limit at the time.

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Police said witnesses heard the tyres of the BMW screeching as Cornwall left the junction and appeared to be drifting in the road at 10am on June 16, 2022.

Gary Cornwall. Picture from Sussex PoliceGary Cornwall. Picture from Sussex Police
Gary Cornwall. Picture from Sussex Police

Cornwall denied intentionally drifting but admitted to intentionally accelerating harshly out of the junction, police added.

He failed a roadside breath test and more than an hour and a half after the incident he tested positive for 68 microgrammes (mcg) of alcohol per 100 millilitres (ml) of breath, said police.

The legal limit is 35mcg of alcohol per 100ml of breath.

Cornwall said he had consumed homemade wine the night before and had not realised he was over the alcohol limit, police said.

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The scene of the collision. Picture from Sussex PoliceThe scene of the collision. Picture from Sussex Police
The scene of the collision. Picture from Sussex Police

There were serious vehicle defects which meant the vehicle was considered to be in a ‘dangerous’ condition, with inoperative power steering, no anti-lock braking, and tyre treads below 1.6mm on the rear tyres, police said.

The court was told how Cornwall also had a previous conviction for drug-driving in 2015.

Judge Jeremy Gold KC said Cornwall had carried out an ‘inherently dangerous manoeuvre’.

Police said Cornwall was jailed for four years and eight months, and was disqualified from driving for six years and fours months.

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A statement from Mr Evans’s family said: “David was a dear brother, brother-in-law, uncle and great uncle, and the impact of his death on our family has been devastating.

“It is very difficult for us to comprehend the fact that David was fatally injured whilst walking on the pavement.

“But the hardest part as a family is living with the grief of knowing that our kind selfless David was taken away from us from one reckless action of an individual which could have been so easily avoided.”

Detective Constable Greg Brown, from the Serious Collision Investigation Unit, said: “Cornwall was in no fit state to drive a car, and this case shows the tragic consequences of his actions.

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“By his own admission he accelerated harshly and lost control of his vehicle.

“He was above the legal alcohol limit, which once again reminds drivers to think carefully about driving the morning after consuming alcohol.

“Drink-driving and drug-driving are among the main factors in why people are seriously injured and killed on our roads every year.

“This case highlights our determination to catch drink-drivers before they cause such devastation to someone else’s family.”