Community Order for Causing Death of Motorcyclist

A motorist who killed a young motorbike rider after pulling out into the path of his Honda has been sentenced to a 12 month community order and ordered to carry out 80 hours of unpaid work. 

In addition driver Jack Gabbitas’s licence was endorsed with eight points and he was told he would have to pay £600 prosecution costs. Judge Andrew Bright QC said because of the circumstances surrounding the collision, there were special reasons why he was not going to disqualify Mr Gabbitas from driving.

Gabbitas, 22, of Winston Crescent, Biggleswade, pleaded guilty to causing the death of Italian born Luca Benevento, 24, of Hitchin Street, Baldock, by careless driving on Wednesday 10 February, at Luton Crown Court.

The accident happened in London Road, Biggleswade, on 13 September last year. Prosecutor Sarah Porter told the court around 7.10pm Mr Gabbitas was driving his Astra car in Chambers Way approaching a T junction. He was intending to turn into London Road, where Mr Benevento was travelling and approaching the T junction at speed.

With just eight minutes to go before sunset, the deceased didn't have his headlights on and was wearing dark clothing and a dark helmet.

A motorist in a car behind told police Gabbitas pulled up and remained stationary for up to ten seconds and he looked to his right and to his left as he prepared to drive into London Road. But Gabbitas pulled out and into the path of the motorbike, with tragic results.

The motorbike was examined by crash investigators and was found not to be roadworthy, with under inflated tyres and a problem with the rear wheel set up. However Miss Porter said the view had been taken the fault with the machine had not contributed to the crash.

Both roads were subject to a 30mph speed limit, but experts who examined the scene and tyre marks, concluded that at the time of the collision the Honda had been travelling at between 49mph and 56mph.

Interviewed by the police, Mr Gabbitas said he couldn't understand why he hadn't seen the motorbike. Karen Dempsey, defending, said he accepts he should have been wearing glasses, he simply did not see him. But she said the evidence of other people who had been waiting at the junction was that no-one saw the approaching motorbike until it was right on them.

Passing sentence, Judge Andrew Bright QC told Gabbitas that Mr Benevento had been travelling "substantially in excess of the 30mph speed limit that day. Not only had he failed to put on his headlights, he was wearing dark clothing as well. You accept you should have been wearing glasses and were not."

The judge said it was clear Mr Gabbitas had led a law abiding life and was a decent and hardworking young man. "You are guilty however of momentary inattention, which led to terrible consequences, and you will have to live with those consequences for the rest of your life" said the judge.
17th February 2010