A DRINK-driver who killed a motorist while going the wrong way up the A13 has failed in a bid to get his sentence shortened.

Njabulo Nyathi had been out on a three-hour drinking binge before he hit and killed 22-year-old Sam Matkin, in December 2006.

Yesterday Nyathi, 46, formerly of Rokescroft, Basildon, appealed against his five-year jail sentence.

He asked for it to be reduced on the grounds the only aggravating factor in the horrific crash was the fact he was drunk at the time.

Judges at London’s Court of Appeal threw out the appeal, upholding the original sentence.

After the hearing, the victim’s mother, Christine Matkin, criticised Nyathi for trying to reduce his jail time.

She said: “It will be two years in December since Sam died and Nyathi is still putting us through hell, prolonging the agony even further with this appeal hearing.

“This man has put us through sleepless nights and horrific days, worrying about court hearings and the fear his sentence might have been cut.”

On the night of the crash, Nyathi had been drinking in Basildon town centre.

The Zimbabwean factory worker was more than three times the legal drink-drive limit when he got in his Nissan X-Trail and tried to drive home.

He was so drunk, he failed to spot no-entry signs as he joined the London-bound A13 on the exit slip road.

He then drove the wrong way along the trunk road for a mile, at speeds of as much as 55mph, ignoring drivers trying to warn him and swerving out of his way.

Victim Mr Matkin, of Burrs Way, Corringham, was driving his Ford Fiesta the right way along the road when Nyathi ploughed into him between the Pitsea flyover and Five Bells roundabout.

He was said to have died instantly.

Nyathi was arrested and found to have 244mls of alcohol in his bloodstream – the legal limit is 80ml.

He admitted causing death by dangerous driving and was jailed for five years at Basildon Crown Court last March. Even after losing his appeal, he is likely to spend only about 30 months behind bars before being paroled.

After yesterday’s hearing Mrs Matkin, who was in court with husband, Ian and daughter, Lianne, said she was relieved the court had upheld the sentence.

She added: “We cannot believe this man appealed against such a light sentence. What is two-and-a-half years in prison, when you have taken a young man’s life and ruined his family’s life?

“We have to live with his actions for the rest of our lives.

“We all miss Sam like mad, his cheeky grin and his cuddles. He was a smashing son and brother.”