A van driver who killed a cyclist while using his phone at the wheel for a “significant amount” of time, to the extent that he was unaware that he had been involved in a crash, believing instead that his engine had exploded, has been jailed for nine years.
Matthew Marston, who had previously totted up 12 points on his licence, six of which were for phone offences (escaping a ban after pleading exceptional hardship), was also banned from driving for 13 years this week, following a collision which killed 40-year-old father-of-two Aran Potkin.
Potkin, from nearby Farnham, was cycling on the westbound A31 near Runfold, Surrey, just before 8.55pm on Tuesday 23 October 2023 when he was struck by Marston, driving a Renault Trafic van. Police were called to the scene by a member of the public
This week, Kingston Crown Court heard that a witness had seen the van driver travelling on the carriageway’s inside lane, before suddenly swerving to the right.
Officers who attended the scene could not initially see the van or its driver, but eventually found the vehicle, with damage to its front, 800 metres from the scene of the collision, where Marston was also perched on a roadside barrier.
Speaking to police, Marston said that he was unaware that he had been involved in a collision and had assumed that his engine had exploded.
However, a subsequent examination of Marston’s phone discovered a “significant amount of use” around the time of the fatal crash.
Meanwhile, CCTV footage, analysis of the collision site, and a reconstruction of the road also concluded that Potkin would have been visible for up to 200 metres, due to the hi-visibility clothing he was wearing and the lights on his bike.
In police interviews, Marston was given the opportunity to explain how he had been able to unlock and use his phone, including searching on Google Maps and sending several WhatsApp messages, while at the wheel. He responded “no comment” to all questions.
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Following a report by Forensic Collision Investigators, the 41-year-old was charged with causing death by serious driving, to which he pleaded guilty in October.
At Kingston Crown Court on Wednesday, he was sentenced to nine years in prison and disqualified from driving for 13 years. Following the end of his ban, he will be forced to take an extended retest before driving again.
According to the judge, Marston’s previous driving record, including six penalty points for using a mobile phone while driving, proved an aggravating factor in his sentence. The court also heard that at the time of the collision, the 41-year-old van driver had accrued 12 points on his licence, but had avoided a ban under the ‘totting up’ process due to the “risk of potential hardship”.
Following the sentencing, Investigating Officer Charley Spriegel, from Surrey Police’s Serious Collision Investigation Unit, warned of the “harrowing” consequences of using a phone while driving.
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“My thoughts are with the family of Aran Potkin, who have been left heartbroken by this avoidable tragedy,” Spriegel said in a statement.
“They have remained so incredibly dignified throughout the police investigation and court hearings. Today’s outcome will not change the fact that Aran’s life was cut so unfairly short.
“This should serve as a harrowing reminder to everyone who drives on our roads, that using a mobile phone behind the wheel can have horrific consequences.
“You may think it will never happen to you, but the stark reality is that you could be the reason why a family is mourning the loss of a husband, father, son and brother.”
Aran Potkin (credit: Surrey Police)Potkin’s wife Poppy, with whom he shared two young children, described her husband as “caring and fun”, and said “a version of us who were left behind died that night too”.
“For two years now I have felt intensely home sick, a feeling I know my children share too. I’ve realised that the ‘home’ we miss isn’t a place, it’s a person. It’s Aran,” she said.
“The evening the police knocked at the door to tell me Aran had been killed, a version of us who were left behind died that night too. It was end of Aran’s life and the worst day of ours.
“Aran was incredibly smart, challenging and absolutely gorgeous. He was caring and fun. He didn’t have an ounce of arrogance about him. Happy to be laughed at, happy to lend a hand, happy just to make others happy.
“He was a natural sportsman who never met his true calling as a professional athlete – perhaps because he lacked the arrogance that so often goes hand-in-hand with that level of success.
“I’ve spent a lot of time thinking about how hard he must have tried to stay alive. I wonder what he thought about in those last few moments. I am certain it was our children.
“I’d also like to thank Andy (our Family Liaison Officer), Charley, and all the police involved in this case from the bottom of my heart. Thank you for your diligence, hard work, commitment, your patience and consideration with us as a grieving family. You never met Aran, yet I feel like you knew him. Thank you for treating him not just as a case, but as a person. The full of life dad, son, husband, big brother, and uncle that he was.”