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Accidental ruling on couple's death

3:11pm Thursday 13th March 2008

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AN elderly couple were killed when a 21-year-old driver lost control of a Land Rover Discovery and ploughed into the car in which they were travelling, an inquest heard on Tuesday.

Grandparents Sidney and Elizabeth Flannery, of Leigh Road in Holt, were being driven by their daughter Christine on February 25 last year when pub doorman Stuart Cantello collided head-on with their car on the B3107 just outside Holt.

The inquest heard that moments before the crash Mr Cantello, now 22, had swerved to avoid something in the road, hit the kerb and bounced onto the opposite side of the road and into the path of the Flannery car.

Christine Flannery, 56, who lived next door to her parents and was their carer, said: "We had just come to a sharp bend and then the car was right in front of us. It was huge and black and bearing silently down upon us.

"I had the brief thought that there was nothing I could do to avoid it. The next thing I remember was the sound of metal cutters and being cut out of the car."

Mrs Flannery, 85, died from a ruptured aorta at the scene and her 91-year-old husband died from chest and cervical spine injuries at Bath's Royal United Hospital later that day after being airlifted by Wiltshire Air Ambulance.

Miss Flannery, who had been driving her parents to have tea with her sister in Bradford on Avon, suffered a broken left knee and right ankle and two split lips.

Mr Cantello, of Sarum Avenue in Melksham, told the inquest he was returning from a shopping trip in Bath and had borrowed the car from a friend at Riverway MOT Centre in Trowbridge.

He said: "I was coming up to the bend and I remember seeing something out of the corner of my eye. I assumed it was an animal so I swerved.

"It could have been anything. It could have been an animal or a plastic bag."

Police vehicle examiner Pc Alan Kyne found the Land Rover Discovery Mr Cantello was driving had under-inflated rear tyres that could have led to a loss of control under harsh steering.

Pc Stephen Cox, who investigated the incident, estimated Mr Cantello was travelling at 54mph, within the 60mph limit for the road.

He did not find any plastic bags or evidence that an animal had been hit and said the police and CPS concluded it was an automatic reaction to something he thought he had seen. No criminal charges have been brought against Mr Cantello.

Miss Flannery, who still walks with a limp, said: "It has been a devastating year for us as a family and the only mitigating factor was that they died with relatively little suffering, and that means a lot."

Wiltshire's deputy coroner Peter Hatvany's verdict: accident


Your Say YourWiltshire Times

The Voice of Reason, Westbury says...
4:32pm Thu 13 Mar 08

OK the investigation concluded that the Discovery driver was not speeding. But under inflated tyres were found and yet the driver is not being prosecuted - why not? It is irrelevant in law that he was not the owner of the vehicle.

Chris, says...
8:02pm Thu 13 Mar 08

The Voice of Reason wrote:
OK the investigation concluded that the Discovery driver was not speeding. But under inflated tyres were found and yet the driver is not being prosecuted - why not? It is irrelevant in law that he was not the owner of the vehicle.
Because having under inflated tyres is not an offence and there is no evidence that they contributed to causing this terrible accident.

moonrakin_wurzel, Trowbridge says...
4:06am Fri 14 Mar 08

It's a fact that many people who are trundling about in largish 4*4 vehicles haven't a clue that the vehicle handles any different to a Ford Fiesta - and can't judge how wide they are.

And these vehicles do handle very differently - but you don't generally find out until you do something sudden and end up on the wrong side of the road or - if you're unlucky - upside down in a field.

Far too many people have no idea how to control a car in a skid - or when the limits of control are being reached.

It's high time that the test included a practical section where these skills are taught.

Just maybe - that would contribute to a reduction in the frequency of sad stories like this one.


The Voice of Reason, Westbury says...
10:18am Fri 14 Mar 08

Chris wrote:
The Voice of Reason wrote: OK the investigation concluded that the Discovery driver was not speeding. But under inflated tyres were found and yet the driver is not being prosecuted - why not? It is irrelevant in law that he was not the owner of the vehicle.
Because having under inflated tyres is not an offence and there is no evidence that they contributed to causing this terrible accident.
Driving a vehicle with under inflated tyres most certainly is an offence. It is covered under the same legislation as the minimum tyre depth regulations. The maximum penalty is £2500 fine + 3 points per tyre . Whether that contributed to this accident I don't personally know - but the WT report quotes the police vehicle examiner as 'under inflated tyres could have led to a loss of control'. I repeat - why was the driver not prosecuted for the offences which were found?

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