An assistant head teacher caused the death of a “much-loved” motorcyclist after she “drove right into his path” while making a right-hand turn at a busy junction – giving him no chance at all of avoiding a crash.
Though the traffic lights on her side of the road were on green, Kelly Goucher was supposed to give way to oncoming traffic before starting the right turn at the junction as the filter arrow was not on. She started to turn in front of the motorcyclist, leading to a horrific collision.
The tragic death of the popular father-of-four was “devastating” for his wife and children and the family had been left “heartbroken” by his loss, Hull Crown Court heard.
Goucher, 41, of Hedon, denied causing the death of Damien McDonald by careless driving on February 3, 2023 but she was convicted by a jury of six men and six women by a majority of 10 to two after more than four hours and 20 minutes of deliberations.
David Godfrey, prosecuting, said that Mr McDonald, 30, was riding his grey Yamaha MT 125cc motorcycle on Spring Bank West, Hull, eastbound towards the city centre at about 7.10pm. The traffic lights were on green as he approached a junction.
Goucher was driving a white Ford Focus Zetec in the opposite direction and she was about to turn right into Chanterlands Avenue, which would mean turning across the path of oncoming traffic. The traffic lights were on green on her side of the road but, crucially, the filter arrow was not on green.
This meant that, although her traffic lights were on green, the filter arrow not being illuminated meant that she needed to give way to traffic coming from the opposite direction before proceeding with the turn.
She did not give way and there was a collision. Mr McDonald died at the scene as a result of his injuries.
The court heard there were two or three seconds when Goucher would have been able to see the approach of the motorcycle from about 90m away before deciding to turn right. “She drove right into his path,” said Mr Godfrey. The motorcyclist had no time to avoid a collision.
Goucher had to give priority to the oncoming traffic and she was allowed to turn right only if it was safe to do so.
“It was plainly not safe to do so,” said Mr Godfrey. “At the time, she only had a green light on. She had to proceed with caution. The arrow was not illuminated at the time of the collision.”
(Image: Lucinda McDonald)
During police interview, Goucher claimed in a statement that she had done nothing wrong. “She was adamant that she had done nothing wrong,” said Mr Godfrey.
Mr McDonald’s wife, Lucinda McDonald, told the court in a statement that he was born in Grimsby but moved to Hull and went to school there. He worked in a chip shop at first but was later a hygiene operative for nine years. He was heading to work that evening for a night shift.
Mr McDonald loved motorbikes and he had them from an early age.
Mrs McDonald said that she heard, on the night of the collision, that there had been an incident. “I had a very strange feeling that something wasn’t right,” she said.
Two police officers arrived at their home. “I just knew that it was about Damien,” she said. She was given the “devastating news” about his death.
“My world just fell apart,” she said. “It has been extremely difficult since Damien died. We as a family have been left heartbroken. We are a grieving family and we feel this every single day.”
Tayo Dasaolu, mitigating after the verdict, said that Goucher had no previous convictions and there were character references for her. “She is extremely regretful and genuinely remorseful,” said Miss Dasaolu.
“She is very upset.” Goucher worked full-time and she was an assistant head teacher at a Hull primary school, the court heard.
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Judge John Thackray KC told Goucher: “Your careless driving killed Damien McDonald, a much- loved husband, son, father, friend, brother. You ended his life and you brought lifelong grief and misery to his friends and family.
“You were required to give way to oncoming traffic before turning into Chanterlands Avenue. You crossed the junction as Mr McDonald approached. You did not give way and a collision occurred.
“You failed to carry out proper checks. Mr McDonald was likely to have been seen from 90m away and you drove right into his path. The consequences of your actions are indescribable.
“His family and friends will never recover. No sentence I impose can bring Mr McDonald back.”
Goucher was given a six-month suspended prison sentence and 150 hours’ unpaid work. She was banned from driving for two years.