Minibus driver guilty of causing death by dangerous driving of three passengers on way home from Ely Cathedral Christmas market
The driver who crashed a minibus transporting people back from Ely Catherdral’s Christmas market, killing three passengers, has been found guilty of causing death by dangerous driving.
Bogdan Ksiakez, 44, ignored warning signs to give way at a crossroads near Bluntisham at about 4.50pm on November 14, 2019.
He crossed the junction of Bluntisham Heath Road and the B1040 Somersham Road at 29mph, slowing from 47mph.
Motorist Michael Everett was driving his Volkswagen Golf on the B1040 from St Ives towards Somersham at the time, travelling at 45mph on the 60mph limit road. He did not have time to stop when the minibus came into his path and collided with the rear nearside of the Mercedes minibus, causing it to overturn and slide onto Wheatsheaf Road.
The crash cost the lives of three of the 18 people on board, who were all aged between 60 and 80.
Margaret Henwood, 85, of Foxlease Road, Bedford, died at the scene and Barbara McGruer, 86, of Trent Road, Bedford, died on November 16.
Richard Kenworthy, 72, of Judith Road, Kettering, died in hospital almost a month later, on December 13.
Ksiakez, of Sycamore Close, Towcester, Northamptonshire, admitted three counts of causing death by careless driving, but denied anything further and stood trial at Cambridge Crown Court from November 8.
Ksiakez, who was employed by a Northampton coach firm at the time, told police in an interview that he had “pretty much stopped” at the junction, but decided to cross as the Golf seemed far away. He also claimed the Golf was going “far too fast”, but by the time he realised this, it was too late.
He maintained the claims in his second interview despite tachograph data from the minibus revealing he had not stopped, while further data showed the Golf was travelling below the speed limit.
A forensic collision investigation concluded the collision was caused by significant driver error - specifically Ksiakez failing to give way.
Robert Forrest, prosecuting, told the court that the defendant was navigating by using the Google Maps app on his phone, which was held in a cradle in the minibus.
His original route was along the A14 but “he was rerouted by Google Maps because of some problems on the A14”, Mr Forrest said.
“He was directed along some roads unfamiliar to him to the Midlands.”
It was dark, but there was no rain, the court heard. The failure to give way caused “catastrophic consequences”, Mr Forrest said.
Just after 5pm on Friday (November 12), jurors found Ksiakez guilty by majority verdict of 10 votes to two of causing three counts of death by dangerous driving and a further eight counts of causing serious injury by dangerous driving. Seven of those injured were on the minibus and the other was the Golf driver.
Ksiakez will be sentenced at the same court on Wednesday (November 17) and was told by the judge, the Honourable Mr Justice Cavanagh: “Custody is inevitable.”
Det Sgt Mark Dollard, from the Beds, Cambs and Herts (BCH) Road Policing Unit, said: “This was a truly heartbreaking collision that I’m sure is still remembered by many, not least the loved ones of those who tragically lost their lives or were injured that day.
“Ksiakez was a bus driver responsible for his passengers on that fateful evening. He made a significant driving error in failing to recognise the presence of the junction despite the numerous warning signs available to him, this was dangerous and the jurors agreed.
"His driving fell far below what should have been expected of him. Any junction has the potential to be dangerous if road users do not approach it with suitable care.
“Our thoughts go out to all those affected by the collision which tragically took place just before Christmas two years ago. I hope today’s verdict highlights the utter devastation which can be caused by driver error, and also helps bring some closure in this case.”
After the verdict, the family of Richard Kenworthy said: "Richard was a fun-loving hippie at heart who lived life to the full. He loved exploring day trips and holidays and the grandchildren greatly miss their grandad's tales. There is a great gap in our lives now; he is greatly missed.”
Margaret Henwood’s family said: “Margaret Eileen Henwood was 85 at the time of her tragic and sudden passing. She was a wonderfully bold and courageous lady and was a dearly loved sister, mother-in-law and grandmother-in-law.
“She is greatly missed every day and now that this trial is over, her loved ones can draw a line under what has happened and try to move forward.”
Barbara McGruer’s family said: “Our mother, Barbara McGruer, was a formidable woman; she was strong, resilient and no-nonsense, but also warm, funny, fun and a great story-teller.
“At 86, she was still going strong and played an active part in our family both as a mother and grandmother. As such, her untimely death has had a profound effect on us all; we miss her deeply.
“This is a dreadful and sad situation for all those affected by the accident that was caused by Mr Ksiazek’s mistake that day.
“However, we wish to make it clear that we bear no ill will towards Mr Ksiazek. Moreover, it is our belief that, being the pragmatic woman that she was, our mother would feel the same.”
For more information on road safety, visit Cambridgeshire police’s dedicated web page at https://bit.ly/3H96J4n
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Third person dies following Cambridgeshire minibus crash at Bluntisham
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