Roads ban for lorry driver who caused fatal crash near Mini plant

Police had stripped Zbigniew Mikolasczyk of his passport when he was bailed after knocking victim George Bown, who was in his 80s, from his bike near the BMW Mini plant last September.

The 58-year-old lorry driver, who was behind the wheel of a DAF heavy goods vehicle when he caused the collision, appeared before Oxford Magistrates’ Court in custody on Wednesday afternoon.

Explaining why the driver had been remanded in custody by the police, prosecutor Ann Sawyer-Brandish suggested that there were concerns that he might not return to the UK if released again.

She said the defendant had surrendered his passport following his arrest last year, but was allowed to retain an identity card as he hoped he could obtain work while he lived in the UK pending investigations into the crash.

“It appears that he did try and book a flight to Poland with his identity documents but he was unable to do so,” Ms Sawyer-Brandish said.

“In terms of the defendant himself he has no ties to the United Kingdom. He, as you can see, does not speak English.

“He was only in the United Kingdom on business on [the day of the crash] driving that lorry. It has always been his wish to return to Poland. Because he has no form of employment he has no address, so effectively he is homeless.

“It was felt that the matter needed to be brought before the court as soon as practicably possible.”

The court heard that the collision was the result of a ‘momentary lapse of concentration’.

At around 9.55am on September 28 last year, the defendant had turned his DAF XF90 lorry into Roman Way from Horspath Road, near the eastern bypass. He struck Mr Bown’s motorcycle as he did so, with the whole incident caught on CCTV.

The rider died almost a month later, on October 23, having been taken to hospital with serious injuries. His death was attributed to the ‘multiple injuries’ he suffered in the crash.

The junction of Horspath Road and Roman Way (Image: Google)

On Wednesday, the defendant, of no fixed address, pleaded guilty to causing death by careless driving. He had no previous convictions.

Mitigating, Eiran Reilly said the collision was as a result of a ‘momentary lapse - with devastating effects’. He was remorseful.

His client had spent the three months since the crash living with friends in the UK, as his police bail conditions prevented his return to Poland. He had been unable to see his wife, who remained in Eastern Europe, and as he had lost his job he was struggling to pay the couple’s mortgage.

The magistrates were told that, as the defendant was likely to return to Poland following his sentence and spoke no English, imposing unpaid work was not recommended by the probation service. Guidelines published by the Sentencing Council suggested the offence did not merit a jail sentence or suspended prison term, the court heard.

The justices imposed a two-year community order with a single condition banning him from Oxfordshire. He was banned from driving for three years, although the disqualification applies only in the UK.

Addressing the victim’s family, who were in court for the hearing, chairman of the bench Jane Cranford said: “It must be very traumatic and there is nothing we can say that is going to change what has happened.”

She added of the decision to impose a community order: “It’s been very difficult, given the circumstances of the defendant and the different countries. We obviously can’t force the defendant to stay in the UK and feel, therefore, this is the optimum sentence we can give.”

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This story was written by Tom Seaward. He joined the team in 2021 as Oxfordshire's court and crime reporter.  

To get in touch with him email: Tom.Seaward@newsquest.co.uk

Follow him on Twitter: @t_seaward