A MAN who caused the death of a motorcyclist in Flintshire has been spared jail.

Warren Hughes, 51, of Caer Ffynnon in Bagillt, appeared before Mold Crown Court for sentencing on Thursday, September 21.

He previously pleaded guilty, during a hearing at Mold Magisrates Court on August 25, to causing the death of Marcin Jozef Salwa through careless driving.

Elen Owen, prosecuting, told the court that the incident had taken place in the early hours of the morning on the A5026 at the junction of the B5432 near Holywell on February 3, 2022.

Mr Salwa had been riding his motorcylce on his way to work and was described as being a 'safe' and 'confident' rider.

The court heard that Hughes' car had pulled out of the junction while Mr Salwa was driving along the 40mph stretch of the road.

Hughes was said to have 'not looked properly' and had not seen Mr Salwa coming, leading to the motorcyclist having 'no time to stop or drive around' the Vauxhall Vectra driven by the defendant.

Mr Salwa collided with the car and his death was 'instantaneous', the court was told.

Following the collision, Hughes did wait at the scene for 'someone to come and take details down'.

There was no evidence that he had been on his phone at the time of the incident and he had not been drinking alcohol.

The defendant claimed that his car had 'juddered' or 'stalled' at the junction, but a re-construction carried out found that this was unlikely.

The road where the collision took place was also said to be 'illuminated well by streetlights' and both the weather conditions and any vehicle defects were ruled out during the subsequent investigation into the cause.

A victim personal statement from Mr Salwa's sister Alisha, read out in court, stated that it was 'difficult to put into words how heart-broken' the family was following his death.

She added that her brother was a 'generous', 'caring' and 'funny' man with a 'great sense of humour'. He was described as someone who was always happy to give his time and share his knowledge with others.


The statement added that Mr Salwa's family would carry their 'grief and emptiness' with them 'for the rest of our lives'.

Oliver Jarvis, defending, said that Hughes was someone with no previous convictions and that this case was 'utterly out of character'.

Mr Jarvis added: "This is an error he's going to regret for the rest of his life."

Sentencing Hughes, Judge Niclas Parry said: "You were the sole cause of a wasteful and unnecessary loss. You simply didn't look."

Judge Parry added: "No length of sentence will ever satisfy those family members who have been left behind."

Hughes was sentenced to eight months, a term which was suspended for 12 months and will have to pay costs of £420.

He was disqualified from driving for 12 months and will be on a curfew between 6.30pm and 6am for a period of four months