Road death victim was given cancer all clear the day he died

12:00pm Monday 25th August 2008

By Anita Patterson

A CANCER sufferer lost his life in a road accident on the day he was told his treatment had been successful.

Barrie Neville, 59, died after he was hit by a car in Bournemouth Park Road, Southend, in January 2007.

At Basildon Crown Court on Friday Polish national Mariusz Szyszka was convicted of dangerous driving following the accident.

Mr Neville, 59, of Christchurch Road, Southend, suffered multiple injuries and later died in Southend Hospital.

His daughter Samantha Neville, 32, said: “In November 2006 he was diagnosed with cancer and had been treated very quickly.

“On the day of the incident, he had been to hospital and had been told that the treatment had worked.

“He had phoned his twin brother Michael and told him he had been given a second chance.”

Szyszka, 28, was not charged with death by dangerous driving because there was no evidence his driving of his Volkswagen Passat led to the tragedy.

But speaking after the case a police statement from PC Steve Deats from the Laindon Traffic Unit said Szyszka’s faulty brakes had led to the Mr Neville’s death.

He said: “The incident on January 9, 2007, to which this case refers, tragically resulted in the ultimate death of Mr Neville.

“This fact is most relevant. The circumstances of this case highlight the necessity of vehicle maintenance and care. The parties involved in this incident will have to live their lives with that knowledge.

“This is a testament to our hard work and thorough investigation into this incident. I am hopeful that it will go some way in allowing the family of Mr Neville to draw a close to this chapter of their lives.”

Miss Neville, 32, who lives in Westcliff, described her dad as a modest man who was more like a friend to her.

She said he was known to his family and friends as “Barrie the Book” because of his love of learning.

Miss Neville said: “He had a huge desire for knowledge, was very well read with expertise in maths and history. He always wanted to know how things worked, what made things tick.

“He would often be spotted sitting in one of Rayleigh’s many pubs, notably the Half Moon, in the High Street, reading a book while enjoying a drink. He had a wonderful technical mind and many of his relatives have maintained he should have been a teacher or lecturer.”

At Basildon Crown Court on Friday, Szyszka was found guilty of dangerous driving. He denied the charge.

Szyszka left work at the Ecomold factory on the Prittlebrook Industrial Estate and dropped a colleague home in nearby Central Avenue shortly before the tragedy.

He maintained the car had passed its MoT in November 2006 after repairs, which included work to the brakes, were carried out by a friend.

Szyska, of Prittlewell Street, Southend, denied having done the work himself and claimed he had since lost contact with the friend.

The day after the crash the vehicle was examined by experts who immediately discovered the brakes were not working correctly and when the brakes were applied there was a time delay of several seconds before the car slowed down.

The case was adjourned for a probation report and Judge Rupert Overbury imposed an interim driving ban on Szyszka.

He was released on bail and will return to the court for sentencing on Monday, October 6.