Pregnant nurse not jailed for causing biker dad’s death

Exclusive ‘Why the collision occurred is largely inexplicable. I accept without reservation the remorse that you felt then and now’

A heavily pregnant nurse due to give birth within a fortnight has avoided jail after killing a fatherof-five in a crash.

Nirali Patel, 34, had admitted causing the death of 65-year-old Brian Marsh by careless driving after turning into the path of his motorbike on Dover Road in Barham in November.

But on Tuesday, Judge Heather Norton spared her a prison sentence, despite describing Patel’s actions as “largely inexplicable”.

“For some reason you turned across the road at the same time that Mr Marsh was travelling in the opposite direction towards you,” the judge said.

“Mr Marsh was an experienced motorcyclist who was riding near the centre of the road, within the speed limit and with his headlight on.

“Why the collision occurred is largely inexplicable.

“I accept without reservation the remorse that you felt then and now over what took place.”

Canterbury Crown Court heard that Patel’s Mercedes had turned right across the path of Mr Marsh’s Honda.

He tried to avoid her by braking but was unsuccessful and died from his injuries at the scene.

Patel, a mother-of-one who was 10 weeks pregnant at the time of the crash, said she did not see the motorcyclist and was devastated, shocked and upset over what had happened.

Tim Pole, defending, said the pain and turmoil suffered by Patel and her family paled into insignificance compared to that suffered by Mr Marsh’s family, who had written a victim impact statement for the judge.

In sentencing Patel to four months in jail, suspended for 18 months, Judge Norton said the fact that she was pregnant would not have stopped her from going to prison if she had felt the offence had crossed the custody threshold.

Patel was also banned from driving for a year and will have to take an extended driving test before she receives her licence back.

She was ordered to pay £450 costs and a £115 surcharge.