AN 87-year-old motorist jailed for mowing down and killing another pensioner after lying about his failing eyesight to get a driving licence has been freed by top judges on appeal.
Peter Cole, of Abridge Homes, Abridge, was imprisoned for 18 months and banned from driving for six years at Chelmsford Crown Court in November after he pleaded guilty to causing death by dangerous driving and making a false statement to obtain a driving license.
Cole ran over war veteran Ambrose Skingle, 86, in Theydon Bois in January, having "selfishly" driven despite opticians' warnings to stop.
However, on Monday at the Court of Appeal in London, judges upheld the challenge to Cole's sentence, saying they hoped the victim's family would understand it was "wrong in principle" for the frail pensioner to remain behind bars.
Mr Justice Mackay said Cole was driving slowly, had an unobstructed view and should have stopped in time to avoid slamming into Mr Skingle on January 17.
The judge added: "Witnesses saw Cole after the accident using a magnifying glass in order to operate his mobile phone whilst he was wearing glasses.
"He held the magnifying glass close to his face."
Cole was arrested and, when tested by police, was found to be able to read a number plate from just eight metres – less than half the legally required 20.5 metres.
Police discovered from Cole's opticians he had not met the legal sight requirements since 2007, but had twice lied to the DVLA – in 2007 and 2010 – signing to say he could see far enough for a licence.
He also had cataracts and in 2009 was advised by opticians to stop driving, the judge added.
Cole told police he needed to drive because he lived in an "isolated area". He also said that he thought a pillar had obstructed his view before the fatal crash.
Mr Justice Mackay said: "He ignored the clearest warnings, and like many older gentlemen, his own selfish wishes took over and bore on his judgement."
Mr Skingle's ailing wife, for whom he was a carer, died three months after the accident.
Cole's lawyers said he should be freed because of his ill health and declining mental state.
They presented the court with two reports showing Cole was "frail" and that his mental health had deteriorated since being jailed.
Medics had identified in him the early signs of Alzheimer's, and his barrister argued: "He can be confused about where he is and about how long he has been in prison."
The judge, sitting with Lord Justice Rix and Mr Justice Underhill, allowed the appeal, quashing Cole's sentence and imposing a sentence of 51 weeks imprisonment, suspended for two years, with a 12-month supervision requirement.
Cole's driving ban will remain in place.