‘Forced to suffer again’
THE partner of one of two men killed by a dangerous driver has spoken of her torment after the man responsible challenged his conviction – forcing her to relive the ordeal.
FIVE years ago a wealthy property developer with the registration plate “WHO6 BAD” was jailed for causing the deaths of two people by dangerous driving.
His trial, conviction and sentencing to four and a half years in prison was a traumatic experience for the families of the men he killed in the 71mph crash on the A4059, near Aberdare.
Yet they found themselves forced to repeat it, to relive all their emotions as the developer, Darren Jarvis, came out of prison, having served his sentence and challenged his conviction in the Court of Appeal.
He was convinced that his conviction was wrongful – saying he had suffered a fit which caused him to crash – yet his determination to clear his name caused the family of one of his victims fresh pain.
Television documentary-makers for ITV followed both sides and filmed inside the court for an unprecedented documentary which was broadcast last week called Inside the Court of Appeal.
Wealthy Cardiff property developer Jarvis has spent thousands of pounds on legal fees to try to clear his name.
During his 2013 trial at Cardiff Crown Court, his defence team argued that he had suffered blackouts as a young man 21 years before the crash – and had suffered an epileptic seizure just before the crash.
His barrister, John Charles Rees QC, claimed the lack of deceleration of Jarvis’ car – a 3.8-litre Nissan Skyline – immediately before the crash was consistent with an unconscious driver.
The court heard that Jarvis’ right leg had extended and locked as he suffered the seizure, causing the car to suddenly accelerate.
Motorists on the road that fateful day had previously told the court they saw the car travelling normally and keeping to the speed limit for more than three miles, before it suddenly “shot off” like a racing car.
However, the jury in Cardiff rejected his defence after hearing from prosecution witness Richard Thorne, who had been driving behind Jacek Stawski’s car, and insisted he had seen Jarvis fighting to prevent the car from crashing.
During the documentary, Jarvis said: “I believe I am an innocent man. I believe justice will prevail in London.”
He added: “If you’re involved in an accident where people sadly die, of course your name is blackened.
“I am not a killer. I have dreamed of having this time in the highest court of the country to clear my name. It’s a big day in my life.”
One of the men killed in the crash was Mr Stawski, 38, of Mountain Ash, who was with his four-year-old son in their Citroen Xsara Picasso at the time.
The other man killed was a passenger in Jarvis’ car, Lee Williams, 41, of Aberaman.
Mr Stawski’s partner, Joanna Osinska, remains bitterly angry with Jarvis.
She told the documentary-makers: “He was trying to show off. ‘Look, I’ve got a new sport car, so powerful, let me show you how fast it can go’.”
And she spoke about the impact her partner’s death had had on her and her son and daughter.
“My children are never going to know their dad,” she said.
“I just cannot understand why is he doing this to us as a family. I hate him for what he (has) done for ruining our lives. Mine, my children. I hate him even more now because we have to go through everything again from the beginning.”
Mr Stawski’s son, Thomas, was four at the time. He survived the crash. His daughter, Sophie, who was not in the car, was 18 months old.
The man Jarvis brought in to argue his case is a well-known criminal barrister.
Michael Wolkind QC sought to persuade the appeal court last year that his client was not conscious at the time of the collision and that his conviction was “not safe”.
He told the court there was “fresh evidence” relating to tyre marks found near the scene of the crash, introducing an expert witness who claimed
the marks were “inconsistent” with the evidence of the witness who had described Jarvis “fighting to control the steering wheel”.
Speaking during court proceedings, Mr Wolkind said: “We now seek to produce new evidence, scientific evidence, that it’s likely and indeed more than likely that there was no steering input after the Nissan car left the verge, contradicting the claim that the driver was struggling with the wheel.”
However, the court also heard from South Wales Police forensic collision investigator Carlo Vaquerizo, who carried out the original investigation, and said he found two points before the collision where steering had been applied.
Last year judges did not allow the appeal, saying the new evidence did not call into question the safety of the convictions. Lord Justice Treacy said the new evidence focused only on part of the incident and did not affect the safety of the convictions.
Sitting with Mrs Justice Nicola Davies and Judge Simon Mayo QC, he added: “We conclude that the fresh evidence cannot afford any ground for allowing this appeal.”
The appeal was rejected.
Jarvis was ordered to pay the prosecution’s costs of £6,366 for the appeal hearing.