Driver killed horse and left rider in hospital

4:02pm Monday 12th May 2008

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A HORSE was killed and its rider seriously injured by a driver who collided with them after being seen speeding and chatting on his mobile phone, a court heard today.

Dean Lee, a van driver by trade, of Lanham Gdns, Quedegley, Gloucester, was driving his friend's car around near Stroud, Glos, when the horrific collision happened, magistrates heard.

The 23-year-old was banned from driving for 12 months and ordered to pay a total of £575 after he admitted careless driving, no insurance and driving while using a hand-held mobile phone.

Prosecutor Louise Pinder said Lee was driving his friend Christopher Downes' car on Feb 6th with Mr Downes in the front passenger seat.

On Cirencester Road, Minchinhampton, nr Stroud, they passed another vehicle, who witnessed Lee travelling at between "50 to 60mph" in a 40mph zone and "clearly using his mobile phone," said Ms Pinder.

The court heard how he went right into Butt Street, Minchinhampton, where his passenger made him "aware of a horse and rider".

"Lee made a last ditch attempt to swerve away but collided with the rear of the horse, taking it down" said Ms Pinder.

The horse died at the scene while Linda Graham - the rider - was taken to Bristol's Frenchay Hospital, she said.

Lee was arrested and taken to the police station in Stroud where he admitted using his mobile phone but couldn't remember using it at the time of the collision, the court heard.

Ms Graham spent 12 nights in hospital and suffered several injuries, including two fractured neck vetebrae, a fractured shoulder, puctured lung and fractured pelvis.

In a statement, Ms Graham, 53, who has been riding since she was 13, said she woke up not knowing what happened after the incident.

"She's been in a lot of pain," said Ms Pinder, adding that she still needs a lot of help with her personal care. She has to be showered by her partner and have her food cut up for her.

"She feels she has been robbed of her standard of life," she added.

"The defendant has received penalties for driving in the past but he is of previous good character," she added.

Graham Wallis, defending, said his client had left school aged 16 and had a number of jobs and currently worked as a van driver.

"If you disqualify him, he is likely to lose his employment," he said, adding that he could be the subject of separate civil proceedings.

He said he expressed "deep, deep remorse" and tendered his aplogy to the court and to Ms Graham.

Chairman of the bench at Gloucester Magistrates court, Andrew Hedges said: "What we heard about your driving that day was atrocious."

He said the offence was aggravated by speed and the use of a mobile phone.

"As someone who drives for a living, you should have known better," he said.

For the use of the mobile, Lee had his licence endorsed and he was fined £100, for having no insurance, he also had his licence endorsed and was fined £200.

For driving without due care and attention, he was fined £200 and disqulified for 12 months after which, he must take a competency test.

He was also ordered to pay £60 prosecution costs and a £15 victim surcharge.

After today's hearing, Ms Graham, of the Tynings, Minchinhampton, said Lee, who she had seen for the first time today, had "taken her lfe away" and she would be seeking compensation.

Of her horse, 'Friendly', who she had owned for six years, she said: "He's taken my good horse away from me."

She said she still had three horses but cannot ride them.

"I think I want to ride again but I don't know," said the still shaken 53-year-old.

Her uncle Brian Gardiner said: "It's been a terrific trauma in her life - emotionally and physically, she's suffered greatly."