Driver quizzed over mobile phone calls at death crash inquest

Peter Walsh, 50, and David Kelly, 43, died instantly in the crash on the A21 outside Vinehall School, near John's Cross, on September 30 last year, an inquest into both their deaths heard.

The St Leonards men were travelling home from a day's building work near Tonbridge, Kent, when the collision happened just after 5pm.

Mr Kelly, father of three, of Stonehouse Drive, was driving his white Toyota Carina which collided head-on with a blue Volvo and then with a MAN 7.5 tonne lorry, Hastings Coroner's Court heard on Wednesday. The lorry drove over the bonnet of the Toyota and took part of the roof of the car with it before coming to rest in a ditch.

Mr Walsh, a father of two, of Ponswood Road, was in the front passenger seat with work mate Mark Fearn, of Clifton Road, in the back. Mr Fearn was asleep at the time of the crash and was taken in helicopter to the Conquest Hospital with bruising to his side and cuts to his head.

The driver of the Volvo was Melanie Willis-Fleming, of Mountfield, who had her four-year-old son in the car at the time.

Richard Cooke, of Beckley, was driving about 100 metres behind the Carina and gave an eye witness account of the crash.

He said: "I saw a car coming the other way and it crossed the white line in the middle of the road and then collided with the front of the white vehicle."

Mrs Willis-Fleming said she had been making phone calls to her husband to arrange to pick him up from Robertsbridge Station before the crash happened.

She said she was parked in a lay-by near Vinehall School while making the calls but had stopped using her mobile before pulling off.

The crash happened just 150 metres further down the road.

Mrs Willis-Fleming, who broke down in tears giving evidence, said: "It was obviously more than just a touch, but that's how it seemed, just a touch. There was no panic. My four-year-old son didn't react.

"I thought we had hit wing mirrors and that was it and then I saw the other car had been very affected.

"I don't remember correcting the car to get to the right side."

Coroner Alan Craze went through Mrs Willis-Fleming's phone records which showed she was making calls at 5.05pm.

He said: "This is significant because the tachograph on the lorry showed the accident happened at 5.05pm."

Mrs Willis-Fleming said: "I was not on the telephone at the time of the accident."

Mr Craze said he could not prove Mrs Willis-Fleming was on the phone because the tachograph was not totally accurate.

PC Simon Lane, from the Collision Investigation Unit based at Shoreham, said Mrs Willis-Fleming must have known there was more impact than a clipping of mirrors because of the extent of the damage to her car.

He added the skid marks on the road showed the Toyota was correctly positioned on the road at the time of the first impact. He also said he could not say with any certainty how much damage had been caused to the Toyota by the collision with the Volvo rather than the lorry.

Recording a verdict of accidental death Mr Craze said: "If it had been shown beyond reasonable doubt the lady driver was talking on the telephone at the time the accident took place, I would have brought in a verdict of unlawful killing. It follows that the verdict of unlawful killing is not a verdict I can bring following these two inquests."

Mrs Willis-Fleming appears at Hastings Magistrates Court on September 7, charged with careless driving.

THE wives of the two men tragically taken from them in the A21 crash spoke of their loss after the inquests.

Joan Kelly, wife of David, said: "He was a loving husband and an attentive father and is sadly missed."

She added: "I can't put into words what this has done to my whole family.

"I would like to thank all my family who have travelled back and forth from Ireland and Sheila '” I would not have been able to get through this without her help."

Mrs Kelly also paid tribute to her three children '” Suzanne, 22, Anita, 27, and John, 26 '” as well as her close friends Garry and Angela Mitchell. Mr Kelly ran Gardell Brickworks with Mr Mitchell.

Diane Walsh, who has two children, Guy, 26, and Ryan, 28, told of how her life had been ruined by the death of her husband of 30 years.

She said: "It is a tragic waste.

"He was a good, hardworking devoted family man and we miss him dreadfully.

"It is an unnecessary death and a tragic accident.

"All of our future plans and our hopes and dreams have been taken with his life."