A BLIND spot created by a mobile phone holder in a delivery driver's windscreen was 'the only thing that could have obscured' his view of a hairdresser before he ran her down, a jury has been told.

Mark Hale, 41, of Harvest Bank, Carterton, has denied causing the death of Anna Rys by careless driving in Crescent Place, Cheltenham, on April 11 last year.

The prosecution say that for some reason Mr Hale did not see Ms Rys crossing the road in front of him, either because of the blind spot in his windscreen, or because he was simply not looking - or that he was confused into thinking she was still on the pavement because there was a very similar looking woman just behind her.

Collision investigator PC William Gibson told the jury at Gloucester Crown Court yesterday “The blind spot is the only thing that could have obscured her.

“The blind spot was created by the A-Pillar in the van or the mobile phone holder,” he said, adding that in his opinion “It was the mobile phone holder."

He then added: “Unless, of course, he wasn't looking.”

Prosecutor Robin Shellard asked what the situation would be if he had removed the phone holder.

“Then he should have seen her,” PC Gibson replied.

Mr Shellard asked PC Gibson if there was any reaction by Mr Hale's vehicle during the collision.

“No,” PC Gibson replied, “It was as if he hadn't realised he had struck anything.

“There was no reaction.”

Rupert Russell, representing Mr Hale, asked PC Gibson for his opinion on 'conspicuity' - how easily visible someone might be in the circumstances of the collision.

PC Gibson said: “It was a very sunny morning. There were a lot of shadowing effects.

“Without a shadow of a doubt, she's in the shadows,” he said.

“But, she is not less conspicuous than the other woman, and he (Mr Hale) saw her.

“The level of conspicuity is not an issue in this case,” he told the jury.

When the trial started yesterday, Mr Shellard told the jury Ms Rys was crossing Crescent Place when Mr Hale's long wheelbase Citroen Relay van hit her, knocked her to the ground and then ran over her, killing her almost instantly.

"The Crown say he should have seen her but there are a number of reasons why he did not," said Mr Shellard at the start of the trial.

A witness, Kathryn Rowlands, stated that she saw the van turn into Crescent Place and then she heard a bang.

Another witness said Mr Hale had told him 'I didn't see her at all' after the crash.

The trial continues today.

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