Russell Jenkins
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A single mother of four, one of whom is disabled, has been jailed for two years for killing an 80-year-old pedestrian while using her mobile phone at the wheel of her 4x4.
Anne Foster-Chia, 44, was not concentrating on the traffic when she failed to stop her Toyota Rav4 at a junction, collided with another vehicle and spun into Dorothy Andrews, hurling her 15 yards.
Foster-Chia had denied that she was using her mobile phone at the time but was found guilty at Sheffield Crown Court of causing death by dangerous driving.
Sentencing her, Judge Robert Moore said that he would have been more lenient if she had accepted her guilt from the start instead of lying.
He told her: “You told the police, jury and presumably yourself, and repeated to me, that you knocked the phone to the floor. The jury disbelieved you and so do I.”
At an earlier hearing the jury was told that the collision happened in December 2005 when Foster-Chia tried to cross a main road in Sheffield on the way to collect her ten-year-old autistic son from school for a hospital appointment.
Judge Moore said yesterday: “There is no doubt the phone rang. It was your joiner, although you thought it was the school.”
Michael Slater, for the prosecution, said: “The defendant failed to stop and give way at the junction because she was paying more attention to her telephone rather than keeping a proper lookout for the traffic conditions.”
Mobile phone records show that no calls were made or answered at the time of the collision. However, Lisa Timms, another motorist, said that she had seen the 4x4 shortly before the accident travelling at some speed with Foster-Chia’s head and shoulder tilted as if supporting a phone.
She said: “After the collision I saw her holding the phone up to her ear. I could see the phone at that time and she was talking at that moment. That was straight away after the collision but both cars had stopped.”
Mrs Andrews had been on her way to visit Jean Tallents, her widowed sister, who lived alone. In a witness impact statement, Mrs Tallents said: “Dorothy visited me every day. She was my lifeline. I have still not come to terms with the loss. I am so lonely, so heartbroken.”
Simon Myers, for the defence, said that his client was under enormous pressure looking after a severely disabled son. When the telephone rang, she may have thought it was the school saying her son had had another fit, he said. “She must have been thoroughly worn out,” he said.
Foster-Chia was also banned from driving for two years.
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thank you peter and laura for being so considerate, many people have just blamed the women who was driving the car. Her four kids have to now suffer, so thank you for thinkinbg of the families as well
Jamie Foster-Chia, Sheffield,
She wasn't convicted of "using a mobile phone" She was convicted of dangerous driving -- she failed to stop and give way at a junction and killed a pedestrian.
David, Cambridge,
Gosh!! There are some pretty hard hearted people out there.
Yes it does sound like the conviction was pretty floored.......but the tragedy, other than the desperately sad loss of someone's life, is that four young children have lost their mother for two years. What have they done wrong to deserve this!!!
Atleast, for those that have reacted with such venom, please try to find some kind of forgiveness.
I lost my uncle in a tragic road accident and the driver was not convicted and yes I have found that forgiveness.
Laura Duguid, London,
Tragic for everyone involved. Phones are a distraction and using them is against the law and dangerous.But lets be consistant. We have all tuned our radios , changed CDs , Eaten Crisps and been drinking coffee and Soft Drinks in our cars and had near misses. When are we going to outlaw adjusting Radios etc in fact they are a distraction even without adjusting them.
Likewise eating and drinking in our cars when on the move. Both Hands should be on the wheel at all times.
As for Sat Nav - well thats actually a help as it takes away the added frustration and loss of concentration when driving to a place we dont know the way to- so we can actually watch the road and not the signposts and the map on the seat next to us.
Again why paint the picture of this unfortuante person in her 4 x4 - thats surely not relevant to the report.
Peter Harte, Glasgow , Scotland
No calls made or answered at the time of the collision. How is she guilty then?
Dan, London,
simple answer is she was using pay as you go... no generic records are kept unless of course your a terrorist.
withheld, witheld, witheld
Dan T. of Guildford, Surrey - hear, hear, just what I was going to say and well said!
But I would like to add somethingelse, namely - why is it even being mentioned that this woman was in a 4x4? What difference in blazes does it make whether she was driving that, a tractor or a trycicle?
The main point is that, by whatever cause, she sadly and unfortunately killed an old lady, with an extra to be considered - whether or not she was on her mobile - only with regards to emphasising to the public what horrendous consequences that action may have, and in this case did have.
IF indeed she was on her mobile.......
Cornelia Hanning, Pathhead, Scotland
"Mobile phone records show that no calls were made or answered at the time of the collision."
So how can she be convicted of using her phone? One witness's word is given more weight in court than phone records? Seems strange to me.
Alison, Falkirk, UK
She got what she deserves. She should have been given a longer sentence due to her lies though.
The number of people who think they can drive with a phone to their ear is unbelievable. A hands free kit costs less than a human life and a jail sentence!
Mike Jones, Farnborough, Hampshire
If you have a 4x4 you seem to think that you can drive on motorway hard shoulders and bus lanes, cut out without giving way, and drive while using a mobile phone, even phoning, driving and lighting a cigarette at the same time. It's all part of the selfish attitude of driving these dangerous polluting monsters, as if you are telling everyone - "look at me I'm too rich to observe the law or normal standards of decency." Ban them altogether where there is no reason (i.e. agricultural purposes) for their possession and use..
BK, Edinburgh, Scotland
I don't get this, the report here says that there are no records of any conversation at the time of the accident so no calls were made or received and yet this person has been found guilty of causing death by driving whilst using a mobile on the say so of another driver passing by.
Isn't it more likely that the convicted driver was having an animated conversation with herself and was presumed to be talking on the phone. I see this a lot and have even been known to do it myself behind the wheel.
I certainly think it is unsafe to convict on this basis......
Paul, Phuket, Thailand
Result!
Charlie Farley, Folkesone, Kent
The law is an ass, from the evidence here it does not sound conclusive that she was actually on the phone, it also sounds like they are trying to make an example of this woman to prevent other people using their phone while driving. Accidents do happen! As regards 4x4 drivers, it is stupid to blame her for the car she is driving, and comments about being selfish and driving on hard shoulders etc is pathetic, drivers of all cars are selfish..people with a hangup on 4x4's becuase its the cool thing to do need to really grow up!
Dan T, Guildford, surrey
only two years?
outrageous.
Andrew, Stirling,