Halifax bin lorry driver caused death of St Augustine’s School worker …
Professional driver Derek Whitworth, who had no previous convictions or driving offences on his licence, was charged after a fatal collision at the junction of Queens Road and Hanson Lane, Halifax, on the morning of July 6, 2021.
Bradford[1] Crown Court heard today that Whitworth, of Upper Greenroyd, Halifax, had stopped his wagon over the faded white line before a pelican crossing, but a combination of factors led to the tragic collision between his vehicle and 32-year-old Sonya Majid.
The judge was shown CCTV footage of the moment Mrs Majid stepped out on to the crossing when the red man was showing against her and at the same moment Whitworth starting to drive off when the traffic light turned to amber and red.
Prosecutor Michael Smith said Whitworth had failed to check the overview mirror above his cab and his positioning at the crossing limited his vision.
“The defendant set off when his light was not green and Mrs Majid crossed on red in the way that she did,” Mr Smith said.
Whitworth immediately stopped when he realised he had hit something and obtained a jack in an effort to lift his wagon off the fatally injured pedestrian.
Mrs Majid died at the scene and it was reported that she had been on her way to work as a support assistant at St Augustine’s Primary School.
Following her death, the school’s head teacher paid tribute to Mrs Majid who was described by her family as a cherished wife, sister, daughter and aunt.
“Sonya was a much-loved member of staff,” said head teacher Ruth Lee.
“She had a heart of gold and would put the needs of both children and staff before herself.
“The whole school community have felt the loss of a wonderful, caring and nurturing person who we were privileged to work alongside.”
Whitworth pleaded guilty in April to causing death by careless driving.
His barrister Steven Nikolich said he was devastated and would never get over it.
He lived with it daily and had expressed genuine remorse.
Judge Jonathan Rose said sentencing in such cases was always one of the most difficult tasks the court must undertake.
“No sentence imposed in such cases is ever claimed to be a measure of the life of the deceased,” he said.
Such cases by their very nature brought about a death that was not intentional or deliberate.
The judge stressed that Mrs Majid was not being ‘forgotten’ by the court and he offered his most profound and deepest condolences to her family for their loss.
Sentencing Whitworth, the judge said he was a professional driver who had been using the route for about 18 months and was familiar with the pelican crossing at that junction.
He said Whitworth knew the size of his vehicle compromised his view and he was satisfied that the defendant had not checked for pedestrians before he set off into the crossing when he was not permitted to do so.
But he said it also had to be acknowledged that Mrs Majid was crossing the road even though the lights were against her.
“I have no doubt, I am afraid, that Mrs Majid was aware she was not entitled to cross,” he said.
“I don’t know if she was rushing or hurrying but perhaps she, like others before her, has taken a chance."
He said he was satisfied that had she not taken such a risk, she would not have had the misfortune to coincide with Whitworth setting off prematurely.
“I am satisfied of your genuine remorse and indeed that the causing of this lady’s death has impacted significantly on you,” he told Whitworth.
He said Whitworth would have to do 150 hours unpaid work for the community and comply with 30 rehabilitation activity requirement days.
But he said the extenuating circumstances of the case meant there were special reasons why he should not be disqualified from driving.