'MEASURE OF DECENCY'

OAP, 91, who ran over and killed man at cashpoint spared jail after heartfelt plea from victim’s family

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A 91-year-old driver who killed a man when he drove into him as he used a cash machine was spared jail yesterday after a heartfelt plea from the victim's family.

OAP Howell Hughes accidentally hit the accelerator instead of the brake, pinning university lecturer Brian Griffiths against a petrol station forecourt on September 30 last year.

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Howell Hughes, 91, accidentally hit the accelerator instead of the brakesCredit: Athena Picture Agency
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Brian Griffiths, from Oxwich on Gower, died three days after the tragic accidentCredit: Athena Picture Agency

Dad-of-two Mr Griffiths, 66, from Oxwich on Gower, died three days later in hospital after having a leg amputated.

However his heartbroken family pleaded for Hughes not to be jailed because of his old age.

Judge Geraint Walters told Swansea Crown Court: "If ever there was a measure of the decency of a family this was it.

"They are to be commended for showing such courage."

The court heard how Mr Griffiths and his wife stopped at the Tesco petrol station in Gowerton, Swansea, to use the cash machine en route to a shopping trip to Parc Trostre Retail Park in Llanelli.

Mr Griffiths got out of their car to use the machine, while his wife stayed in the car.

Hughes was also at the garage and had tried to withdraw money from the machine but it had swallowed his card, which was said to have left him "understandably flustered".

CAR 'SHOT FORWARD'

The 91-year-old drove off and manoeuvred between the petrol pumps, going through a gap between a parked van and a cone but then "accelerated very quickly".

His Fiat Panda "shot forward" and collided with Mr Griffiths - who had his back to the forecourt - and crushed him against the wall and cash machine.

The elderly driver "panicked", failed to find reverse in the car and instead kept going forward.

When the OAP got out he told his victim: "I'm sorry, I didn't mean to do it."

Mr Griffiths, who was still conscious, replied: "I know...it's alright".

CCTV of the accident was too graphic to be shown in court.

Mr Griffiths was rushed to hospital where he had his leg amputated above the knee to try to save his life but he continued to deteriorate. He died three days later.

In his police interview, Hughes described how his car had "jumped forward" and he accepted he must have pressed the accelerator and not the brake.

Hughes was originally charged with causing death by dangerous driving but pleaded guilty to the lesser charge of causing death by careless driving.

The court heard he had never committed a motoring offence in 65 years.

However the judge said the tragic accident may make families with an elderly relative still driving question whether they should be allowed behind the wheel.

Mr Griffiths, an author, had recently retired as Dean of the University of Wales Trinity Saint David in Swansea.

In a victim impact statement, his wife Anne said: "I feel lost and saddened - it should never have happened. All my hopes and plans have died with him."

He had two sons, and three grandchildren, and is survived by his parents, who are both in their 90s.

Hughes was given a 10-month prison sentence, suspended for two years, and banned from driving for five years.

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Hughes avoided jail after a heartfelt plea from the victim's familyCredit: Athena Picture Agency
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The accident happened at this Tesco petrol station in Gowerton, SwanseaCredit: Athena Picture Agency