The victim’s wife was pregnant with his third child at the time – and she never got to meet her Dad
A driver who kept quiet that he had a serious medical condition suddenly suffered a “catastrophic” seizure while driving – and crashed straight into another car, causing the death of a “much-loved” 25-year-old man in the other car. It was “an accident waiting to happen” and the killer driver “literally gambled with the lives of others” by not declaring that he suffered from epilepsy.
The wife and three children of the victim, a rear seat passenger in the other car, had been caused “lifelong grief and misery” by his tragic death, a court heard. Peter Gibson, 63, of Armstrong Place West, Grimsby, admitted causing the death of Cosmin Rostas by dangerous driving on December 20, 2022.
Jeremy Evans, prosecuting, told Hull Crown Court that Mr Rostas was a rear passenger in a Jaguar car when it was hit by a white Nissan Juke driven by Gibson, who had his wife in the front passenger seat. The accident happened at the junction of Hainton Square and Freeman Street, Grimsby – not far from the Asda supermarket – shortly after 8pm.
Gibson should not have been driving because he suffered from epilepsy. He had been advised not to drive. “He ignored this and made no disclosure to the DVLA,” said Mr Evans.
Gibson’s wife was the main driver but he was a named driver. “There was no disclosure of his medical condition at the time the policy was taken out,” said Mr Evans.
“This wasn’t the first time that he had taken to driving a vehicle illegally.” Gibson and his wife were intending to go to Asda and, from the Victoria Street area, he indicated left at traffic lights onto Ellis Way.
The car accelerated sharply after turning left and it straddled white lines before going straight through red traffic lights. Gibson suffered a seizure and his wife grabbed the steering wheel on the approach to the Hainton Square junction.
She “tried her best” to steer out of the way of a car that was heading sideways to it across the Nissan’s path but there was a crash into the side of the Jaguar. Because Mr Rostas was in the passenger side rear seat, he took the “full impact” of the crash. It was a “catastrophic loss of control” by Gibson.
Police were nearby and they helped Mr Rostas and others at the scene. “It was clear that he was seriously injured and clearly aware that his life was in grave danger,” said Mr Evans.
Mr Rostas asked if he was going to die. He was cut from the wreckage and was taken to the Diana, Princess of Wales Hospital, Grimsby.
He arrived there at 9.26pm but, despite the best efforts of medical staff, he was pronounced dead 16 minutes later. The Jaguar driver suffered pain to his leg and was wincing in pain. The front seat passenger suffered back pain and cuts to his hand.
Gibson’s wife was screaming in pain and she had to be cut from the wreckage. The air bags had gone off. She had treatment to the bones making up the pelvis and a fracture to her lower back. She was in Hull Royal Infirmary until January 5, 2023.
“She had no concern for her husband driving to Asda that evening,” said Mr Evans. “He was aware that he should not have been driving the car.”
Gibson told police at the scene: “It was down to me having a fit, mate.” He later said that he had suffered from epilepsy for 30 years but he claimed that he had no recollection of the incident. He said: “Obviously, I won’t be driving again.”
He had convictions for dishonesty in the 1970s and 1990s. Mr Evans said that Gibson’s wife was not charged in connection with aiding and abetting her husband to drive without declaring a medical condition.
“It’s clearly not the first time that he has driven with this known medical condition,” said Mr Evans. There was “deceit” involved in the car insurance. “They were not declaring what they should have declared,” said Mr Evans.
The wife of Mr Rostas had now returned to Romania. They had a son and two daughters – but the younger daughter “never got to meet her father” because she was born after his death.
The family had suffered “major financial difficulties” because of his death and his wife had struggled to provide for their children but they had been helped by the kindness of their community. The whole family had been “deeply affected” by the death.
Stephen Robinson, mitigating, said that it was a serious incident and a “tragedy” for others. Gibson pleaded guilty at the first opportunity. “He accepts that it was entirely his fault when he made the foolish and dangerous decision to drive,” said Mr Robinson.
“He knows he should not have been driving and he bitterly regrets that decision. He knows that, if he had not driven, a young man would still be alive with his family.
“He made the admission that he would occasionally drive when he should not have done.” There had been no issues with his driving during the 10-minute journey of two miles before the crash.
“He should not have been driving at all and he knows and accepts that,” said Mr Robinson. “He has stayed out of trouble since and he has stuck to his promise not to drive a car.
“Even his wife doesn’t own a car. This defendant is genuinely remorseful. He would swap places with the deceased if he could. He wishes he could turn back the clock and not undertake this journey.”
Gibson would be “appalled” to hear of the consequences of the crash to the family of Mr Rostas and he had to live with that. Gibson suffered from serious health problems.
Judge John Thackray KC told Gibson: “Your dangerous driving caused the death of a 25-year-old man. He was much loved by his friends and family, not to mention his three children, one of whom he had not met.
“It was only good fortune that there was only one fatality. There could so easily have been many more, including your wife. This was quite simply an accident waiting to happen.
“You should not have been behind the wheel and you knew that. You ended a life and you have brought lifelong grief and misery to his family. It’s extremely sad.
“His wife has set out better than I ever could the terrible effects of your actions on her life and the life of her children. The children are struggling to cope.
“The loss of their father has had a profound effect upon them. One of those children never got to meet her father. It’s not, of course, suggested that you set out that day intending to end the life of anyone but your actions on that day involved you driving with a known medical condition and that was extremely dangerous.
“It was entirely predictable and an accident waiting to happen. You were well aware that you should not have been driving because of the risk of a seizure and it was a risk that you took that day and on other occasions.
“You literally gambled with the lives of others. I accept that there is genuine remorse here.”
Gibson, who had been on bail, was jailed for four years. He was banned from driving for 12-and-a-half years and he must pass an extended retest before he could drive again. In reality, however, that would almost certainly not be allowed, the court heard.
After the hearing, Sergeant Rob Mazingham, of Humberside Police’s serious collisions unit, told Grimsby Live: “This case highlights the necessity to declare medical conditions and not to get behind the wheel of a vehicle if you have them. It highlights the consequences of a decision not to declare them. It takes only a second and one bad decision to ruin so many lives.”