Grandad who sought better life was killed by drug driver
AGRANDAD who had moved to the UK for a better life was mowed down by a drug driver who was over six times the limit.
Czeslaw Rozal, 61, was crossing Bridge Street in Heywood, when David Pakes ploughed into him in his Vauxhall Astra. Pakes was driving over the speed limit of 30mph, causing Mr Rozal to be thrown into the air, Minshull Street Crown Court heard. He suffered catastrophic head and pelvic injuries and died the following day. Pakes, 44, was arrested at the scene, giving a positive saliva reading for cocaine.
At the police station he provided a sample of blood which was 307 nanograms (ng) of benzoylecgonine per 100 millilitres of blood. The legal limit is 50 ng.
He later admitted that he had been out socialising with friends days before the collision, during which he drank and took drugs.
In a statement read to the court, Mr Rozal’s son, who was not named in open court, said: “My father came to the UK in 2007 to work to provide for my mother who remains in Poland.
She has retired and doesn’t have much money in her pension. He would send her money back to support her. She has no money now and is really struggling.
“For myself, my father was my best friend. He would always help me around the house and was always there to support me. I am still upset by what happened, three years on.
“I remember being in hospital with him and watching him pass away is something I will never forget.”
He said he was angry at Pakes for getting behind the wheel knowing there were drugs in his system.
He also spoke about his father’s plans to move back to Poland after retiring to spend more time with his family.
Prosecuting, Andrew Macintosh said that on Monday, August 23 2021, Pakes was driving towards Heywood on Bridge Street. He had pulled down his sun visor due to the sun being low in the sky.
“Mr Rozal can be seen coming out of a shop next to that road and walking towards the central reservation. He approached the central reservation, stopped and looked and began to cross the road when the defendant’s vehicle approached at speed,” said Mr Macintosh.
“The deceased was thrown into the air. Paramedics were called and he suffered a cardiac arrest at the scene.”
Mr Rozal was rushed to Salford Royal Hospital due to his ‘catastrophic’ injuries, but sadly passed away.
Pakes was arrested at the scene, and after providing a positive roadside ready for drugs, admitted that he had taken cocaine on the Friday before, but it had not affected him.
Later that day at the police station he was unable to follow instructions by the police and needed to use a wall to steady himself.
He claimed that this was due to a degenerative condition that causes back problems.
A forensic collision expert later concluded that Pakes was travelling between 38mph and 43mph, with the actual speed likely to be at the higher end.
“The brake lights on the Vauxhall were first illuminated as the vehicle was about to strike the deceased,” Mr Macintosh added.
In mitigation, the court heard that Pakes’ own father had been killed in a collision by a drunk driver, and was ‘utterly devastated’ to find himself before the court for similar offending.
“Mr Pakes set off to drive to work that morning, not intending to harm anyone let alone take the life of another person,” he said.
“That weighs extremely heavily on him. He accepts he is criminally responsible for the death of Mr Rozal,” he said.
Speaking of Pakes’ previous convictions for driving offences, including driving with excess alcohol, Judge Angela Nield said: “He is well aware of the consequences of driving, he has suffered them and understands the risk to others of driving in that manner.”
Pakes, of Lennox Walk, Heywood, was jailed for three years and ten months after pleading guilty to causing death by careless driving whilst over the prescribed drug limit. He was banned from driving for over five years.
Judge Nield told him: “Mr Rozal was a much loved and loving father, grandfather and husband.
“He came to this country from his native Poland in 2007 to seek a better life and provide for his wife.
“It is of itself a tragedy that you should find yourself in this position.
“You, as much as anybody, are aware of the tragic loss of a close family member at an early age in hauntingly similar circumstances.”