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A van driver who killed a retired Derby City Council worker when he ploughed into his bike had been at the wheel for 17 hours when the crash happened.

Father-of-two John Barnes was also speeding and had been on his mobile phone for over 30 minutes when he sent John Stewart flying into a hedgerow on the A50 near Derby.

The 28-year-old, who had previously been banned from the roads, had 11 points on his licence at the time of the fatal collision.

He put in long hours because he was working on a zero-hours contact, a court heard.

(Image: Derby Telegraph)

Now he has been jailed for three years at Derby Crown Court for causing death by dangerous driving.

James Moore, prosecuting, said Mr Stewart was one of 16 members of South Pennine Road Club taking part in a time trial when the tragedy occurred at 7.50pm on June 15 last year between Hilton and Hatton.

He said Barnes had started work that day at 3am and had driven 600 miles.

Mr Moore said that, at the time of the crash, Barnes had been on the phone to a friend for 30 minutes but it was not possible to say whether that call had been on a hands-free device or not.

He said that when Mr Stewart was hit, Barnes was driving at 69mph, 9mph above the limit for the three-tonne Mercedes van he was driving.

Mr Moore said Barnes had 11 points on his licence and had previously been handed a six-month disqualification for offences including driving without due dare and attention, failing to stop following an accident, failing to report an accident and driving while using a mobile phone.

Mr Moore said: “Mr Stewart was a regular and experienced rider and, very sadly, as a result of the collision he was projected between 35m and 40m into hedgerow at the side of the road and suffered fatal injuries.

(Image: Derbyshire Constabulary)

“The visibility was excellent, the weather conditions were dry and the road was light with traffic.

“There were no defects on Mr Barnes’ vehicle that would have contributed to the cause of the collision.

“One witness who was behind the vehicle being driven by Mr Barnes, importantly, described how he did not swerve or brake and following the collision he continued on as though he was unaware a collision had taken place.”

Mr Moore said Barnes did eventually pull over his van 1.25km past the crash site and witnesses at the scene described him as “visibly upset”.

Mr Moore said: “He started work that day at 3am and had driven in excess of 600 miles.

“He would have been suffering significant elements of fatigue.

“Evidence also shows he had been talking to a friend on his mobile phone for 32 minutes and that call ended five seconds after the collision.

“In summary, we say he did not divert from his course, he clearly did not see Mr Stewart, but he should have.”

In a victim personal statement, part of which was read out, his wife Veronica said: “We have been together for 45 years and married for 33 of those.

“We both have been living an active life going on a number of holidays.

“John was a very popular member of staff and had worked for the same organisation for 47 years.

“The cycling club that he was a member of he started in 1962.

“There have been ongoing effects since this happened.

“Since this accident my life has been turned upside down and I am now having to adjust to life without John.

“It feels like I have been robbed of my life with John.

“We had so many plans for the future and I am going to try and get on with my life because that is what John would have wanted.

“I struggle daily and I will never get over this.”

Barnes, formerly of Nelson Street, Swadlincote, and now of Ashwicken Road, Kings Lynn, Norfolk, pleaded guilty to causing death by dangerous driving.

Nicholas Syfret, mitigating, said his client was a father-of-two whose children were aged nine and six.

He said Barnes was “a responsible and doting father whose family were very much the centre of his life”.

Mr Syfret said: “It is very hard for those who are the victims of person’s criminal behaviour to appreciate that person can be a very nice, very decent, human being.

“Why did this accident happen?

“The only rational explanation is that he did not see the cyclist.

“He should have done, others did.”

Judge Shaun Smith QC said: “There is no price on human life, there never can be. I have heard how Mr Stewart was a good man, a popular man who, along with his wife Veronica, lived an active life and who made a positive contribution to society.

“Tragically, he died as a result of the way you drove on that day which was way below an acceptable standard.

"Other drivers had no problem negotiating him and the other cyclists who were taking part in a time trial that day. You, however did not swerve and did not deviate from your path when you struck him.”

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