A CORONER is to issue a prevention of future deaths notice to a taxi company after an inquest into the death of a passenger on the A483.
Andrew Howat, of Jarman Avenue, Wrexham, was sadly killed after being hit by a car on the southbound carriageway near the Gresford junction on the evening of October 15, 2022.
At County Hall in Ruthin on Tuesday (November 12), an inquest was held into the 40-year-old's death.
It heard that Mr Howat, a self-employed scaffolder, was in a KingKabs taxi travelling from Chester to back home to Wrexham when the incident occurred.
At around 10.40pm, Mr Howat, a father-of-three, was struck by a blue VW Golf having stepped into the carriageway - shortly after leaving the taxi which had pulled over into a layby around 40 metres away from the incident occurred. He was sadly pronounced dead at the scene.
The inquest heard that another KingKabs driver had collected Mr Howat from The Abode hotel in Chester after police officers had arranged the pick up, due to Mr Howat's level of intoxication.
The driver then stopped at the BP Garage on Wrexham Road on the outskirts of Chester due to Mr Howat's disruptive and "aggressive" state, telling him to leave the taxi. A short time later, a worker at the garage called another KingKabs taxi for Mr Howat - which came to collect him from the petrol station.
The inquest was shown dashcam footage from the car of next KingKabs driver, Mark Wilcock, who had picked Mr Howat up. In the footage, Mr Howat is heard repeatedly swearing and asking where the driver is going. Mr Wilcock is heard multiple times telling Mr Howat to stop touching him. At one point, Mr Wilcock is heard saying: "You're going to make me crash". The taxi driver also repeatedly asked Mr Howat to pay the extra £10 needed for a fare to the Hightown area - with company policy being that fares over £10 are paid up front.
Around 15 minutes into the journey, Mr Wilcock pulled the car into a layby on the A483 - demanding Mr Howat pay the extra £10 needed. He then presses the emergency button in the vehicle to speak to an operator, saying the journey has been a "disaster", again telling Mr Howat to stop touching him. The operator asked Mr Wilcock if the police needed to be called, at which point Mr Howat exits the vehicle. Mr Wilcock can be heard telling the operator that Mr Howat has left the vehicle, before he drives off.
The inquest heard that several motorists had to swerve out of the way of Mr Howat who "jumped" in the way of their vehicles, waving his arms in the air. Dashcam footage from another taxi shows the car having to take evasive action to avoid Mr Howat as he steps out in front of the vehicle.
Evidence was heard from Jonathan Riches, the driver of the VW Golf, which was involved in the collision, who said he saw break and hazard lights ahead. He pulled out into the right-hand lane and began to slow down, but then saw a person stood between the two lanes with their hands in the air.
The inquest heard Mr Riches attempted to swerve further right to avoid them, almost coming off the road, but Mr Howat moved further into his path. The car struck Mr Howat, who was pronounced dead upon the arrival of the emergency services shortly after 11pm.
Ian Thompson, a forensic collision investigator with North Wales Police, said it appeared Mr Howat had been attempting to "wave down" oncoming vehicles. On an unlit carriageway at night and the short distance that Mr Howat appeared in the road, Mr Thompson said Mr Riches had "very little chance" of avoiding the collision.
A post-mortem examination revealed that Mr Howat had a blood alcohol level of 291micrograms per 100 millilitres of blood - the legal driving limit being 80. He also had traces of cocaine in his system. The medical cause of Mr Howat's death was multiple injuries.
John Gittins, senior coroner for North Wales East and Central, quizzed Mr Wilcock, and James Ward, operations manager for KingKabs in Chester.
Mr Wilcock said he didn't know he was picking up someone who had just been removed from another KingKabs taxi. He said he pulled over as he a "time out to calm myself down" due to Mr Howat's disruptive behaviour.
"He was playing with my ears and being quite aggressive," Mr Wilcock said.
Asked if it was safe place to leave a passenger, Mr Wilcock said: "No I don't", but when asked if he, in hindsight, should have stopped in a safer place, Mr Wilcock said: "I wouldn't do anything differently." The coroner thanked Mr Wilcock for his honest opinion, but said: "I do not agree with it."
Mr Ward said that KingKabs runs training for drivers and call operators on what to do in similar situations. He said that drivers should notify the control room of disruptive or aggressive passengers, and that policy is to block that person from being able to book a journey with the company.
Mr Gittins recorded a conclusion of road traffic collision, but said he will be issuing a Regulation 28 Prevention of Deaths report to KingKabs Chester.
The coroner said he wasn't satisfied that appropriate measures are in place to ensure the authorities are notified that a taxi has left a passenger in an unsafe location. Mr Gittins said the notice would be raising the question with KingKabs as to what measures are in place to mitigate risks to both drivers and passengers.
Mr Gittins added that the impression given of Mr Howat in the inquest would not be the same as the man his family "loved and remember", and that was because of "what he had consumed" that night.
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