Mother calls for driving tests for the elderley

Karen Armstrong's young son and daughter were killed when Thomas Theobald pulled out into the path of their car as they went to visit their older sister.

The pensioner, who was running an errand for a friend, caused a three car pile-up in which Jenna, 19, and Lee, 10, were killed.

Consett magistrates in County Durham, who banned Theobald from driving, heard he had checked both ways before turning right onto a busy road.

But he had failed to notice the headlights of cars approaching from either side.

The frail, white haired, pensioner, of Heathmeads, Pelton, County Durham, wept as he admitted careless driving.

Mrs Armstrong, 47, a nurse, said the law should change to prevent any further tragedies of the kind which robbed her of Lee and Jenna, the youngest of her three children.

She said: "There should be driving tests for the elderly, it is very difficult to determine the age where you are a competent driver and as you get older your reactions slow down and your judgements are impaired.

"There should be yearly monitoring of every driver who wishes to continue driving after they are 70 years old.

"I feel so sorry for Mr Theobald and understand he is going to need as much support as we do to come to terms with this.

"But the roads are a lot different now compared to when he passed his test.

"Cars are so fast and there are so many of them on the roads."

The court heard how Theobald caused the crash on October 9 2004 when he pulled out onto the bust A693 road at the Pelton/Stanley junction.

Witnesses described seeing his Nissan Micra drive into the path of oncoming traffic and stop in the middle of the road.

Jenna Armstrong's Citroen Saxo was travelling within the speed limit at 60mph when Theobald pulled out in front of her.

She tried to swerve out of the way but did not have time to react and her car hit Theobald's Nissan and rebounded into the path of an oncoming Honda with an "almighty" impact.

Lesley Kirkup, prosecuting, said: "The driver of the Honda knew immediately when the Micra pulled out onto the A693 there was going to be a collision.

"The Saxo tried to swerve but there was a tremendous impact.

"Theobald remembers indicating and checking both ways and pulling out to turn right but nothing after that point."

Lee Fish, mitigating, said the action was the result of a "tragic momentary lapse in judgement."

He said: "He honestly felt it was safe to pull out from the junction, but his action had tragic consequences.

"Nobody appreciates that more than him and he remained at the scene to co-operate with police and has entered a guilty plea at the earliest opportunity.

"He is 78-years-old, has led a blameless life, has no previous convictions and had up until this point a clean driving licence which he has held for the last 37 years.

"His intention is never to get behind the wheel of a car again.

"He struggles to come to terms with the accident which claimed two young lives.

"As a totally decent and honest man his remorse is evident, he has described feeling anxious and down and suffers flashbacks and has struggled to sleep since the accident.

"He wishes it had been he who had lost his life rather than Jenna and Lee.

"This will haunt him for the rest of his life, which is punishment in itself.

"He is devastated but maintains this his insignificant compared to the devastation suffered by Jenna, Lee and her family."

Magistrates banned Theobald from driving for one year, fined him £500 and ordered that he pay £100 costs.

Chairman of the bench William Brown said: "There is nothing we can do as a bench which will make any difference to the family. We understand that and hope the family concerned understand that."

Speaking after the hearing Jenna and Lee's father Ray Armstrong, 53, a retired policeman, said: "There has been a tragedy which has hit a lot of people and led to the loss of our two children.

"Everyone involved in this has suffered, there is no doubt about that.

"It has taken a long, long time to come to terms with it and we are getting there little by little.

"Today's result is the end of part of the saga, now perhaps we can get on with the rest of our lives.

"We hope Mr Theobald's family can look ahead and get on with their lives also. I feel very sorry for him, I can understand what he is going through.

"It must have been terrible to have to stand there and own up and admit to something as terrible as this.

"The magistrates are limited in what they can do and I think they have done their best.

"Our daughter did not have a chance in that accident but she was not speeding, she has been vindicated.

"Mr Theobald did not go out that day to cause that accident, he was just trying to do a neighbour a favour."

Mrs Armstrong came across the crash after she became worried about Jenna and Lee.

Her eldest daughter, Lindsey, 27, called to say they had failed to turn up for a pre-arranged visit at her home in Consett, County Durham.

Mrs Armstrong set off from her own home in Ouston, Co Durham, but within a mile had come across a police road-block on the A693.

The 47-year-old retired nurse now studying holistic medicine at New College, Durham, said: "They had planned to see their sister Lindsey and her daughter Brioni, but Lindsey phoned to say they hadn't turned up.

"I drove on the route they had taken and came across the road block for the accident.

"I explained who I was to a police officer and he said two youngsters had been killed."

Mr Armstrong added: "Jenna was a wonderful girl. She was lovely and she lived life to the full. She was devoted to her family and just 10 days before the accident she had moved into her first home of her own, a flat at Annfield Plain. She was training to be a nurse."

Mrs Armstrong said: "Jenna had such a great sense of humour. That is what I will remember most about her. She was a very caring, loving girl who was determined to be a nurse.

"Lee loved sports, he was a livewire and he played golf with his dad. He used to love it. He was also a very keen footballer. We miss them both so much."