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Isle of Thanet Gazette, Friday March 24th 2006
IS A FINE ALL OUR SON’S LIFE IS WORTH?
Tragic: John Living.
Family’s fury as killer driver walks away with £100 penalty
A Furious family has demanded a change in the law after the driver who killed their son walked from court on Tuesday.
Unlicensed and uninsured Czech motorist Marek Tomi was handed community service and a £100 fine after admitting he was to blame for a crash which killed fun loving Pfizer call centre co­ordinator John Living.
By law Thanet magistrates could only sentence the 23-year-old former plastics facto­ry worker to a community order or fine as he appeared on a charge of careless driving, which he admitted at the first opportunity.
Mr Living's parents Carol
and Peter, and girlfriend Stephanie Murphy branded the decision "disgusting".
They are furious Tomi did not face stronger charges and have pledged to voice their disgust to Tony Blair.
Mr Living's mother Carol said of the sentence handed to Tomi: "A £100 fine, 200 hours community service and a two-year ban for a lovely boy's life is disgusting. It's not the mag­istrates' fault, I don't blame the police, it's the laws."
During the court hearing the family sobbed in the
packed public gallery as details of Mr Living's death were revealed to them for the first time, five mouths after the crash at the notorious Victoria Road traffic lights junction in Margate.
The court was told Mr Living was riding his motorbike when he was struck by the Ford Mondeo being driven by Tomi at 9.20pm on October 23.
Prosecutor Elizabeth Baker said the crash was caught on CCTV Mrs Baker said: "Tomi approached the junction and turned into
College Road. 'As he turned, he turned into the path of an oncoming motorcycle being driven by the deceased. Mr Living received fatal injuries and died almost, instantly." Tomi was breathal­ysed but did not test positive for alcohol. Mrs Baker said: "He was interviewed and told officers he had arrived at the junction, the lights were red and he stopped but almost immediate­ly they turned green and he drove off. He said 'I started turning, before I turned proper­ly I was hit'. He was inter­viewed two months later and gave the same account. "However,
what Tomi says is at variance to what the witness­es saw. Mr Living's motorcycle stopped at the lights and he had started to move when they turned to green. "When the scene was investi­gated it was found that the motorcycle was doing no more than 29mph. Tomi's vehicle was found to have been in third gear, which suggested it had started moving up in speed."
Tomi's solicitor Roger Davies said the junction was hard to negotiate during the day and even more so at night.
"Had this been two cars there probably would have
been no one hurt at all but, because Mr Living was on a motorcycle, he was," he said. Mr Davies said Tomi had been insured for another vehicle but had not had the cover transferred to his Mondeo. He was in possession of a Czech driver's licences but did not replace it with a British one after living in this country for a year, as he should have done, because he filled out forms incorrectly. Sentencing Tomi to 200 hours of unpaid work and a two-year driving ban, chairman Bill Watkins said Tomi had shown "a high degree of carelessness"
Family remember John, a son who had a zest for life
THE family of dedicated Pfizer worker John Living say they will never stop leaving flowers at the accident blackspot where he was killed by rogue motorist Marek Tomi.
John's mum Carol said: "We can't believe the amount of people we have seen putting down flowers for their loved ones there.
"We will never stop doing it for the rest of our lives."
John's brother Lawrence said the fami­ly is renewing calls for road safety improvements at the Victoria traffic lights junction.
"People don't drive normally when they get to that junction. They come tearing round there and all the corners are blind.
"They could have three sets of lights and "have one set going at a time. There's a lot of traffic there.
"The council has got to do something about that junction."
Lawrence's partner Karen Montague added: "There's a similar junction to that in London and it works."
A spokesman for Kent County Council said: "Following the incident in October we did not receive any recommendations
from the police regarding improving the road. However, as a precautionary mea­sure, we did repaint the line markings.
"We are aware of some local safety concerns and we are carrying out a study into the area and considering measures which may be necessary to improve the roads and traffic flow. We are also
producing a local safety scheme investiga­tion and our transportation engineers will be visiting the site to determine what further measures are needed."
John, 30, moved to Ramsgate from Woolwich, south London, with his girl­friend Stephanie Murphy six and a half years ago.
Dedicated family man John worked in logistics at Pfizer's Sandwich plant, and his passions were computers and
motor­cycles.
He was riding his beloved bike when he was fatally struck last October.
At the time of his funeral Pfizer shut its post room to allow grieving workers to pay their respects. Stephanie said: "He would make you feel like you were the most important person in the room.
"He would drag us round the shops. He was a shopaholic.
"He would spend hours getting ready to go out, in the shower, getting dressed, gelling his hair. "It had to be just right with spikes, but they couldn't be too big.
"He didn't model himself on anyone, he was his own man.
"He used to write me soppy little love notes. He was into his computers and he once got a programme which let you speak to the computer and it would write it.
"The first thing he wrote was a love note to me but it didn't come out proper­ly because the computer couldn't under­stand his voice. It came out as something about a Ferrari."
She added: "We moved into a new house in Alexandra Road, Ramsgate, two and a half years ago and we were doing that up. We had plans.
"We had a lot of friends down here but were surprised at how many people there were at the funeral. I had never seen so many people in my life."
John's favourite nightspots
were the Britannia and Punch and Judy pubs in Margate and Cliftonville's Frank's night­club.
John's brother Lawrence added: "He was very sociable, he had so many friends. If John walked into the room you would have been friends with him in half an hour.
"He would always have something in common with people when he spoke to them. As a sociable person he was spot on."
Dad Peter said: "He had a zest for life. He was a very loving man to everyone. He made everyone feel so special.
"He was the most genuine person. You couldn't get better."
Mum Carol said: "He was always smiling. He was never mean or snide, not even when he was very young.
"Lawrence is going to get married and have children but there is no life for John. And this Tomi is going to be able to do all the things that our son John is not going to do."
Carol added: "I just wanted justice. He hasn't answered for a life."
She said the family found it harrowing this week to come face-to-face for the
first time with the man who killed their son.
"He was not what I had expected him to look like.
"When he came in I hated him. I have got to be truthful, if I'd had a gun I would have shot him because of what he has taken from us.
"Our son was the most beautiful son.
You can say sorry five months on but he has only said sorry because he went to court.
"He's got a family, he's got a mother, he should think about our family who was sitting in that court." Peter Living is hoping road safety charity Road Peace will put up a perma­nent reminder of his son John's death at the spot where he was killed.
The charity puts up plaques with a sin­gle red flower and the words Remember Me in a bid to remind drivers of the dan­gers at that spot and promote safer dri­ving.
Road Peace relies on private donations. To help call 020 8838 5102.

Report by: Nick Dorman