Driver 'checked four times' before serious A35 crash, court hears

Fahd Baakza, 34, is accused of causing death by careless driving after his Nissan Micra collided with Victor Samways' Ford Fiesta on the A35 at Eype near Bridport on the evening of Wednesday, January 23, 2019.

Mr Samways' severely damaged vehicle was struck again by Volkswagen Transporter van moments later.

Baakza, of Dorset Street, London, gave evidence during the trial at Bournemouth Crown Court.

He confirmed he purchased the Nissan Micra in December 2018 – a month before the collision - and drove with the assistance of Google Maps on his smartphone.

The A35 near Eype, West Dorset, where Victor Samways died in a crash in January 2019. A driver accused of causing his death by careless driving is standing trial at Bournemouth Crown Court. Picture: Google

Listening to Radio 2 at a low volume with Google Maps' audio commands switched on, Baakza initially drove to McDonald’s in Dorchester but was unable to find the restaurant.

Baakza returned to his Bridport apartment and as he parked, he remembered a fast food van at the nearby Bridport Picnic Area, off the A35.

After entering the location into Google Maps, he drove on the A35 eastbound and manoeuvred into a filter lane to turn right into the Bridport Picnic Area.

After seeing the Audi in front drive into the entrance from the filter lane, Baakza said: “As I pulled across the carriageway, I became aware of a noise from my passenger side.

“It was a wind noise. At that point I saw a shadow in my passenger window and at that point, the impact occurred.”

He said the collision caused his car to spin across on to the opposite side of the road and added: “When I opened eyes, I saw a lot of dust and airbags had been deployed. I could not see outside.

Victor Samways, 74, died in the crash on the A35. Picture: Family handout

“I was able to determine my position and saw I had been knocked to the other side of the carriageway. I saw Samways' vehicle had come to a stop as well. I didn’t see any lights on his vehicle or mine.”

Baakza added he was ‘very confident’ he saw no oncoming vehicles after he performed a number of checks, and described himself as a ‘cautious’ and ‘safe’ driver. He claimed Mr Samways' vehicle was not illuminated.

CCTV footage from the Groves Nurseries garden centre, approximately one mile away from the collision site, was shown to the court. Mr Samways' vehicle was seen with headlights on.

DC Wood, a collision investigation officer at Dorset Police, examined the footage and said every vehicle travelling towards the A35 westbound had their lights on.

Closing arguments from prosecution and defence

The A35 was closed for several hours following a multi-vehicle crash which killed Victor Samways. A two-day trial into a driver's role in the crash is underway at Bournemouth Crown Court. Picture: Bridport News

Concluding the court case, Mr Evans described the idea of Mr Samways not being seen or driving on the A35 without lights on as ‘absurd’.

Prosecutor, Thomas Evans, said: “The most absurd theory is the idea is that Mr Samways would have continued to drive in the pitch black without his lights on.

“There’s no street lighting and say suddenly his lights go out. The theory relies on that he continues to drive in the pitch black for hundreds of metres without his lights on."

“You don’t need any expert to tell you that you cannot drive without lights on in a 50mph zone.”

Defending, Nicholas Tucker, in his closing statement cast doubt upon the Audi driver’s version of events and questioned why she could not see any other oncoming cars on the A35.

Mr Tucker added that the headlights of the Fiesta were not active. 

He said: “The defendant insisted he looked up and down the road four times.

“He is a cautious driver and Mr Evans suggested he was exaggerating about how inexperienced he was.

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“If we were dealing with some boy racer in a supped-up car and tearing around the streets, perhaps Mr Evans would have been justified with his cynicism.

“You may think he presented the sort of person who was careful behind the wheel of the car.

“Someone who drives at 40mph while others overtook him. He made sure Radio 2 was on quiet so he could hear the sat nav.”

The court case was adjourned until today (Thursday, July 22) when the jury will be sent away to consider a verdict.