Motorcyclist's leg amputed after crash caused by drink driver

Elias Gananca Da Cova was seen swerving across the road and mounting the kerb in the minutes before he crashed into motorcyclist Michael Bouch.

Bournemouth Crown Court heard Mr Bouch was thrown from his vehicle and lost consciousness before waking up on his back in Richmond Park Road, Bournemouth.

A member of the public used their belt as a tourniquet to stem the bleeding from his leg, while others, including two police officers on patrol in the area, also came to the Army veteran’s aid.

Medics attended the scene by helicopter and amputated Mr Bouch’s right leg below the knee before he was taken to hospital.

He was in a coma for seven days and in hospital for two months, having had further operations, which involved removing more of his leg.

One witness, who assisted Da Cova out of his Vauxhall Astra, described the vehicle as having an “overwhelming smell of alcohol” which was “almost like ethanol”.

The 60-year-old driver, who had a dozen previous drink driving convictions, was revving the car after the crash but he was unable to drive off, the court heard.

In jailing the defendant, of Drummond Road, Bournemouth, for three years and three months, Judge Robert Pawson said: “Your driving Mr Da Cova involved a flagrant disregard for the rules of the road and the enormous dangers posed to anyone unfortunate enough to be in your path that night.

“I am not going to repeat your previous convictions but what they show is someone who poses an ongoing and immediate risk to anyone sharing the road with you and you have posed that risk for nearly 30 years.

“Mr Bouch says in his victim impact statement that he know longer feels like a respected member of society. He is quite wrong to feel like that.

“He was on a motorcycle and as a consequence he was significantly more vulnerable than somebody in a car.

“He is a reasonably experienced rider of seven years. He had absolutely no chance of avoiding the collision that you caused.”

• Read more: Drink driver jailed for crash which left motorcyclist needing leg amputated

Prosecuting, Holly Fagan told the hearing on Friday, February 17, that Mr Bouch had been riding his motorbike home on the night of the crash on May 20 last year.

He was travelling in Richmond Park Road shortly after 11.30pm and as he went round a bend in the road he saw bright headlights in front of him.

“In that moment he released there was a car heading straight for him,” Miss Fagan said.

“He said the car was only about 10 metres away and was travelling too fast for him to avoid a collision.

“Mr Bouch was on the correct side of the road. The car and the motorbike collided head on.”

'Swerving across the road'

The court heard Mr Bouch said he was travelling at 15mph in the 30mph zone having just come off a roundabout.

The speed the defendant was driving at the point of the collision near Springbourne Roundabout was not known, but his car was halfway across the wrong side of the road.

Miss Fagan said members of the public Joshua Collins and Lesley Barnes, and officers PC Neil Chapman and PC Paul Wilson provided immediate first aid to Mr Bouch before medics arrived.

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A witness who saw Da Cova’s driving before the crash described him as “swerving across the road and mounting the kerb with both wheels at one point”.

She saw the crash take place in her rear view mirror. She stopped her vehicle and went to the Astra, which had its engine “revving loudly” and it was “edging forward but kept stalling”.

The defendant was taken to hospital as the air bags in his car had deployed but he did not have any injuries.

Miss Fagan said a sample of his blood contained not less than 302 milligrams of alcohol in 100 millilitres. The legal limit is 80 milligrams.

In interview the following day, Da Cova said he had two bottles of beer with a friend by 10am on May 20 and he could not remember anything from that point up to the crash.

'Not living my life'

In a victim impact statement, Mr Bouch said being in a wheelchair and having to rely on support of others was “soul destroying”. He said he had lost independence and his passion for his motorbike had been “ripped away".

“I am a 50-year-old man who is not living his life,” he said.

Mr Bouch’s statement added: “The act of another has not only destroyed my life but many close to me.”

Da Cova pleaded guilty to drink driving and causing serious injury by dangerous driving at an earlier hearing.

'Irreversibly changed'

Guy Ladenburg, representing the defendant, said there was “no mitigation on the facts of the case”.

“He recognises the damage that he has done and really this is one of those instances where the court might feel the maximum penalty does not suit it,” Mr Ladenburg said.

Da Cova had set aside £2,000 for compensation but he knew this did not come close to the impact of his actions on Mr Bouch, the barrister said.

Judge Pawson told the defendant: “His (Mr Bouch’s) life has been irreversibly changed. You said during the course of the blood assessment –  I accept that you were drunk at the time – you had not killed anyone. That does not reflect well on you.”

The judge added: “By luck and not judgement Mr Bouch still has his wits but the impact on your victim could not have been much worse within the context of this offence.

“The impact on him, the loss of his leg, is enormous.

“It is hard to image much worse impact in a case such as this other than perhaps a serious brain injury.”

The sentencing hearing took place at Bournemouth Crown Court (Image: NQ)

Alongside the prison sentence, Da Cova was disqualified from driving for 11 years and eight months and ordered to pay £2,000 compensation.

Commendations

Judge Pawson highlighted the actions of those who rushed to assist Mr Bouch.

He said: “If it was not for the prompt and extremely professional intervention of PC Paul Wilson, PC Neil Chapman, assisted by Lesley Dawn Barnes, Joshua Collins and possibly others unknown, it may well be that Mr Bouch may have lost his life as a result of your thoughtless behaviour.”

Judge Pawson said their response to what had taken place, along with medical teams at the scene, was “exemplary”.

“I would have struggled to do what those four people did,” the judge added.

He said he was not able to issue sheriff’s awards with financial payments out of public funds as legislation stated this could only be done for those who have been active in the apprehension of an offender.

Judge Pawson ordered that the two members of public, the two police officers and the medical emergency team who treated Mr Bouch in the road receive certificates of commendation for what they did.

Sentence limitations

Tje maximum prison sentence available to the criminal courts for causing serious injury by dangerous driving was raised by the judge before he jailed Da Cova.

Judge Pawson said members of the public might question the maximum of five years’ imprisonment for the offence.
At the Bournemouth Crown Court sentencing hearing, he referenced comments made in 2015 by a senior judge in the Court of Appeal that suggested the maximum should be raised but to date Parliament had not done so.

Judge Pawson said: “The maximum sentence for what you done is set by Parliament. It is five years imprisonment.

“That maximum of five years may to many members of the public seem wholly inadequate in a serious case such as this.

“That is not for me. As a judge I do not make the law, I apply the law.”

Judge Pawson said if the case had gone to trial the defendant would have faced a sentence of four years and nine months imprisonment. Giving Da Cova credit of a third off the sentence for his guilty plea at his first appearance in court, as required in law, the sentence was reduced to three years and three months.

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