A 95-year-old driver who fatally struck a woman walking her dog was 'simply not looking at what was in front of her,' a court has heard. Joan Barwick drove into grandmother Linda Wareham, 77, as she crossed a petrol station forecourt with her dog on Hagley Road in Oldswinford on April 17 last year.
Mrs. Wareham suffered catastrophic head injuries, and her life support was turned off at the Queen Elizabeth Hospital in Birmingham the following day. Wolverhampton Crown Court heard that Barwick, of Walker Avenue, Wollescote, Dudley, was turning right into the petrol station while Mrs. Wareham was crossing, but failed to stop to let her pass.
Barwick was driving at only 10 mph and could have stopped had she seen the victim, but she was focused on an available disabled parking space. On April 24, Barwick, using a walking stick, was given a 16-month prison sentence suspended for two years after pleading guilty to causing death by dangerous driving.
The court heard that Barwick, driving a red Vauxhall Corsa, had seven seconds to see Mrs. Wareham before the collision but was looking at a free disabled parking space. The victim's tearful husband and daughter left the courtroom as CCTV footage of the incident was played.
Prosecution counsel Tim Harrington stated that Barwick was 'not paying proper attention to what was in front of her.' He noted that she was driving at an appropriate speed but failed to see Mrs. Wareham, who was walking normally with her dog. 'She was driving at such a speed that she would have been able to stop had she seen her, perhaps making this all the more tragic,' he added.
Mr. Harrington said Barwick, who was 94 at the time, had an 'unblemished' driving record but emphasized that Mrs. Wareham was a vulnerable road user with right of way. Defending, Paul Lewis said Barwick showed 'genuine remorse' and had surrendered her driving license after the collision. He urged Judge Michael Chambers KC to suspend any custodial sentence, arguing that imprisonment would reduce her life expectancy to months.
'Her remorse is genuine and sincere. She admitted her wrongdoing at the earliest opportunity. She does not in any way seek to excuse what took place. She continues to suffer the consequences of what she has done,' Lewis said. He added that Barwick accepted she was not paying proper attention and that there were 'clearly no winners here.'
In a victim impact statement, Mrs. Wareham's husband Peter said the couple met at age 15 and shared 60 years together, but he has now been diagnosed with post-traumatic stress disorder. 'She was caring and selfless... She was good fun and independent. All that ended on the 18th of April when my wife was cruelly taken,' he said.
Mrs. Wareham's daughter Joanne Willetts described her mother as her 'unfaltering constant.' 'I cannot accept she isn't coming back. I carry a quiet sadness that will be with me the rest of my life. To lose my mum so tragically is heartbreaking for me and my children,' she said.
Sentencing, Judge Chambers said Mrs. Wareham was 'clear for everyone to see' and 'entirely blameless.' He noted that Barwick had no previous convictions and a good driving record, and that the Crown accepted her eyesight was satisfactory when she reapplied for her license in January before the offense. Suspending the sentence, Judge Chambers said custody would have a 'significant impact' on the defendant. He also disqualified Barwick from driving for 10 years and ordered her to pay £705 in prosecution costs.
