An 89-year-old great-grandad was crushed to death by a 32-tonne bin lorry because the driver “just didn’t see him”, a court heard.
Peter Matthew, described as dedicated family man who was younger than his years, was killed just off West Wickham High Street on September 20, 2022.
Driver John Boddy, 48, admitted causing death by careless driving and on Wednesday (September 11, 2024) he was given a suspended sentence, meaning he was not sent to prison.
Mr Matthew was walking along the pavement on The Grove when Boddy drove his Countrystyle Recycling truck out of an access road behind high street shops, knocking the pensioner over and driving the vehicle over him.
Boddy phoned 999 immediately at 7.20am but by 7.57am Mr Matthew was pronounced dead, prosecutor Frederick Hookway said.
Witnesses described seeing Boddy drop to his knees in shock as he said “I just didn’t see him, I don’t know where he came from”.
Susan Forster, the Mr Matthew’s daughter, told the court: “Peter was a dedicated family man who worked hard all of his life.”
He was a retired electrical engineer who was fit, well and lived without assistance.
The court heard that he was younger than his years, so much so that the Met Police’s initial report of the incident described him as “a man believed to be in his 70s”.
“Few believed he was 89 years old,” Susan said.
Mr Matthew had been on a cruise with his family two weeks prior to the fatal crash.
Susan said: “On returning from his holiday he was telling his friends and neighbours what a good time he had, and he was looking forward to the next trip.
“I will never ever get over how my father was killed and taken from us so suddenly.
“All four generations will miss him dearly and feel deeply that we’ve had good years stolen from us.”
Boddy held an LGV licence since 2004 and had previously received an award for his driving.
The only blemish on his driving record was for speeding at over 100mph in a car on the A249 dual carriageway in 2020.
Just before the fatal crash Boddy reversed the lorry into the access road then got out to empty the shop’s bins.
He then re-entered the lorry and drove off six seconds later across part of the pavement which was lowered to allow vehicles to enter the access road.
A collision investigation report concluded that Mr Matthew, who had walked in along the pavement in front of the lorry, would have been visible to Boddy in one mirror for approximately three seconds before he drove.
Boddy said he checked his mirrors but admitted the checks were not carried out sufficiently.
Charles Langley, defending Boddy at Croydon Crown Court, said his client knows he made a mistake that day and accepts he must be punished.
"There has not been a day since September 2022 when he has not thought about what happened,” Mr Langley said.
“In his police interview the first thing he said was ‘I keep thinking about the family and what they must be going through and would like the police to pass my condolences on to them.”
He said Boddy has moved to an administrative role at Countrystyle Recycling and now talks to other drivers about his mistake in the hope of educating them so they don’t repeat it.
Sentencing him, Judge Elizabeth Smaller said: “Peter Matthew was 89-years-old. Although it is often to be thought and said to be a good age, the fact is that Peter Matthew was mentally and physically in good health.
“He appeared to be and was described as younger than his years, and the fact is that even at 89-years-old his life was cut unnaturally short.”
Judge Smaller said it may be that Boddy was “too comfortable and too familiar” with the route.
She said: “Your looking in the mirror would have been brief and insufficient in quality for you to have seen in all your mirrors properly and it is in that sense that your driving fell below the standard required.”
Judge Smaller told him that when driving such a large vehicle the onus is on the driver to take even more care.
But the judge conceded that Boddy was extremely remorseful and that sending him to prison would not be in the interests of justice.
Boddy, Millfields in Chatham, was sentenced to eight months in custody suspended for one year.
Judge Smaller ordered that he should be the subject of electronically monitored curfew for six weeks.
Through tears, Judge Smaller said: “I send my condolences to the family of Mr Matthew and hope the conclusion of proceedings bring some peace.”
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