A SOUTH Yorkshire peer could be behind bars for Christmas after admitting sending and receiving text messages on his mobile phone while driving - minutes before he hit and killed a man whose car had broken down on the motorway.
Lord Nazir Ahmed, from Rotherham, struck 20-year-old Martyn Gombar on Christmas Day last year near the Thorpe Hesley turn-off the M1 in South Yorkshire.
The 51-year-old, of East Bawtry Road, Rotherham, admitted dangerous driving - by sending and receiving five text messages as he drove along a 17- mile stretch of the M1.
Records show he was involved in a text conversation with a journalist and last used his phone to send a text message two minutes before dialling 999 to report the crash. The Crown Prosecution Service said a "long and thorough" investigation into the accident found Lord Ahmed had not been using his phone at the point of impact and his driving was not to blame for the tragedy.
Mr Gombar, originally from Slovakia but living in Leigh, Greater Manchester, had lost control of his Audi while travelling southbound at Junction 35.
His car smashed into the central reservation barrier and ending up stranded in the outside lane facing oncoming traffic.
Driving ban starts for Lord Ahmed before sentencingHe and his passenger got out onto the hard shoulder, but Mr Gombar went back to his car to get his mobile phone - and he was struck by Lord Ahmed's Jaguar.
Sheffield Magistrates' Court heard there were no lights on the stretch of motorway and one motorist had already clipped Mr Gombar's vehicle. Another vehicle hit the central reservation barrier after swerving to avoid the car.
David Scutt, prosecuting, said there was no evidence to suggest Lord Ahmed was "using or distracted by his mobile phone" at the time of the collision. He said the stretch of road was in "close to total darkness", meaning vehicles did not see Mr Gombar's car until it was too late.
Mr Scutt said: "The defendant at all times maintained that at the time of the accident he had not been using his mobile phone to send or receive text messages and he had been driving correctly.
"There is no evidence to the contrary."
He said a "careful review" showed no evidence that Lord Ahmed was using his phone or distracted at the time of impact.
But he said using his phone behind the wheel fell "far below the standard of a careful and competent driver" and was dangerous.
He said the text messages were no simple one or two word answers, but of a "substantial" length.
Lord Ahmed's solicitor Steve Smith said "no stone has been left unturned" in the police probe into the death smash and his client could not be held responsible. He said he was only in court because checks carried out on the phone he used to dial 999 on after the crash revealed it had been used while he was driving.
He said if he had been "devious" he could have used another of the mobile phones he had in his car to cover his tracks.He said Lord Ahmed had been honest with the police throughout, had a clean driving licence and accepted using his phone was wrong.
Speaking afterwards he added: "Whilst it's not his responsibility, it's not his fault, he still bears the death of this man at the forefront of his mind. That's a measure of the man."
The case was adjourned for pre-sentence reports until Monday December 22 when Lord Ahmed will discover if he is to be jailed.
If the case is dealt with at Sheffield Magistrates Court the maximum custodial sentence available is six months.
The case could be sent to Sheffield Crown Court for sentencing, where the maximum jail term for dangerous driving is two years.
A Labour Party spokeswoman said they would not comment until after Lord Ahmed is sentenced – or reveal whether the party was taking any sanctions.
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FeaturesMore Rotherham newsMore Doncaster newsMore Barnsley newsCheck out the very latest on South Yorkshire's roads - including live traffic cameras on Sheffield's commuter routes - with our Traffic sectionLatest sport. The full article contains 709 words and appears in Sheffield Star newspaper.
