Killer driver in head-on horror smash gets 6yrs
A DRIVER who killed another motorist in a crash after speeding and going onto the opposing carriageway has been jailed for six years.
Ednilson De Ceita’s BMW X5 collided with a Peugeot being driven by Jonathan ‘Jonny’ Smith, 29, who suffered a serious head injury. His car also caught fire.
De Ceita had pleaded not guilty to causing death by dangerous driving but was found guilty by a jury at the High Court in Edinburgh.
Judge Lord Beckett told the 29-year-old: ‘Your dangerous driving caused a head-on collision with an oncoming vehicle being driven lawfully within the speed limit and in the proper lane by Mr Smith.
‘You gave Mr Smith no chance of surviving the collision.’
He said Mr Smith, of Edinburgh, was ‘a wholly innocent young man’ who had spent much of his last day caring for a brother who was recovering from illness.
Lord Beckett said he had read ‘harrowing statements’ from the victim’s relatives and was given information about ‘Jonathan’s life and hopes and dreams’.
He added: ‘They explain the devastation brought on them. I am left in no doubt that a number of his close relatives have suffered grievous consequences for their physical and mental health.
‘I have reached the conclusion there is no alternative to a custodial sentence.’
The judge said he did not accept that, however badly another vehicle might have been driven prior to the crash, it made such a material contribution to the accident as to mitigate De Ceita’s culpability.
De Ceita was found guilty of causing the death of Mr Smith by driving dangerously on May 25 in 2018 on the A902 Maybury Road, in Edinburgh, by driving at excessive speed, onto the opposite carriageway and into the path of oncoming vehicles before colliding with the Peugeot and another vehicle.
He was also convicted of driving without a valid licence or insurance.
The court heard that De Ceita, a property firm manager, of Edinback burgh, was a first offender who had never served a jail sentence.
Advocate depute Michael Meehan, QC, told the trial: ‘At the time of the impact the BMW X5 was being driven at 63mph.’
The prosecutor said De Ceita had given differing accounts to the police of going to the left and right and stated that he saw an Audi coming towards him into his lane and took evasive action.
But he also said the phone of a female passenger in his vehicle sounded as if it had received a notification and he turned to her for ‘about half a second’ to ask who the message was from.
He claimed that when he turned
he saw a set of headlights which appeared to be on full beam directly in front of him.
However, Mr Meehan said that there was clear evidence of ‘driver distraction’ in the case.
The prosecutor said that failures to move to the nearside, to observe the speed limit and road markings amounted to dangerous driving.
Defence counsel Ronnie Renucci, QC, said De Ceita now accepted that he was aware at the time that a licence he had was not valid.
He said: ‘At the time he didn’t believe he had been speeding, but now accepts that he was.’
De Ceita was banned from driving for nine years and until he passes an extended driving test.
Detective Chief Inspector Graham Grant said: ‘Jonny’s family have had to wait over three years for justice. They have been dignified and resolute throughout.’
‘Clear evidence of driver distraction’