TWO men have been jailed and another two people have received suspended sentences after being involved in a road rage incident on the A55 in Colwyn Bay.
Najam Ali, 26, of Blackberry Lane, Stockport, and Said Sadat, 25, of Tamworth Street, Oldham, are to serve 22 and 18 months in prison respectively.
Pedro Bergantim, 22, of Taunton Road, Ashton-under-Lyne, was sentenced to 15 months’ imprisonment, suspended for 18 months, and will complete 150 hours’ unpaid work and 20 days’ rehabilitation activity.
Demi Ward, 21, of Sandstone Way, Manchester, was sentenced to 12 months’ imprisonment, suspended for 18 months, and will complete 100 hours’ unpaid work and 25 days’ rehabilitation activity.
They will each pay a victim surcharge of £187.
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At sentencing at Caernarfon Crown Court today (October 24), prosecutor Richard Edwards told of how they had all been in a black BMW vehicle, reported to the police as seemingly attacking a white van, on the afternoon of Saturday, September 3.
Sean Powell was driving home from work in the van, became aware of the BMW which he said he overtook, and which was occupied by the four defendants, with Ali driving.
After he overtook, Mr Powell remained in the right-hand lane, only for the BMW to undertake him, before swaying from side to side and then pulling in front of him.
Mr Powell tried to pull around the BMW but it caught up with him, matching his speed, crossing the road’s central lines, as the defendants aggressively shouted at him and threw items at his car.
Ali brought the BMW to a stop on more than one occasion on the main carriageway of the A55, and was straddling both lanes, stopping Powell progressing with his journey.
Powell was approached in his van by the defendants, while a window of his van was kicked, objects were thrown at it, and a metal bar was struck at it.
Edwards added that Powell made his way to petrol station at the Black Cat Roundabout to contact police, and that he didn’t know why he was targeted.
The court was also shown dashcam footage of the incident.
Mr Powell had written in an impact statement about the “terrifying nature” of the episode.
He worries the defendants may know who he is and where he lives, and felt “very shaken” by the incident, but had no idea quite how much the offence would impact upon him.
Described as a fit young men with no health issues, Powell, who is self-employed with his own valeting business, didn’t explain full extent of issue to his wife and parents initially.
He began to suffer from panic attacks, had trouble sleeping, and would panic when home alone.
He would contact customers to make excuses, on one occasion, parking his car in a car park for a number of hours as he didn’t want to tell his wife the extent of incident, but didn’t want to be at home when he should have been working.
He has been prescribed medication, had a panic attack while looking after his young son. Mr Powell started to cry, which led to his son comforting him and asking if he was OK.
Mr Powell said he “genuinely thought he was going to be killed”, and has been referred to counselling.
He described the incident, and the defendants’ behaviour, as “relentless”, adding there were clear opportunities when the road ahead was clear, but that they chose not to stop when all he wanted to do was get to safety.
The BMW was then seen outside an Asda supermarket, before the police followed the vehicle to Great Orme, where the four defendants were arrested, and two metal bars were seized.
When Ward arrested, she admitted to being in possession of a small black pouch of cannabis.
The metal bars recovered from car, Ali said, were work-related.
The damage to the van was said to have been worth more than £2,300, though Mr Powell sustained no physical injuries.
Previously, Bergantim had pleaded guilty to affray and criminal damage to property, but entered no plea to a charge of possession of an offensive weapon in public.
Najam had pleaded guilty to affray, dangerous driving, and driving while disqualified and without third party insurance, but not guilty to criminal damage to property, and entered no plea to a charge of possession of an offensive weapon in public.
Sadat had pleaded guilty to affray and criminal damage to property, but not guilty to possession of an offensive weapon in public.
Ward had pleaded guilty to affray, criminal damage to property, Class B drug possession, and carrying an offensive weapon in public.
Simon Kileen, representing Sadat, said he was likely to be evicted from his property.
He said Sadat is part of a close-knit family and lives with his sister, who has ongoing medical issues, and father, who also has issues, which mean responsibilities for looking after the younger boys (three and seven) fall on him and his mother.
Mr Kileen added: “It is quite hard to reconcile the person you see in this video with the person they describe.”
Alun Williams, representing Ali, admitted that the defendant was responsible for an “appalling piece of driving which goes on for some 14 minutes”.
He said Ali accepted fully that his driving fell far below that of a reasonable road user; a situation exacerbated by fact he was disqualified from driving at the time.
After speaking to Ali, he said the defendant admits he acted in an inappropriate manner and that his actions would have been exceedingly distressing to Powell.
Ali, a married man, with two young children, works as a steel fabricator, having received a good education, achieved A-levels, started a degree, and always been in full-time employment.
His business is less than 12 months old, and he was said to have profound concerns about this, given customer deposits had been taken for work he hadn’t yet been able to carry out.
Mr Williams added: “His references clearly present a very different picture to the person on the footage. The client has informed me that is the person he usually presents.”
He wrote a letter to court saying he accepts he made genuine mistake, and that the seven weeks he has spent in custody have been a “very difficult and traumatic period”.
Maria Masselis, representing Bergantim, said he acknowledges that, at the time, he was under influence the of alcohol.
She said the remorse he has expressed to others and the court is genuine, and that at 22, he is still a young man of previous good character.
Bergantim, who is expecting twins with his partner and works in construction, also read out a letter written by himself.
Extracts from the letter read: “I am writing this letter with great sadness and shame.
“I take total responsibility. This experience alone has taught me a valuable lesson.”
Sarah Yates, representing Ward, said she had been a “person of good character” beforehand, and that the extent of her involvement in the incident was throwing a plastic bottle.
She described Ward as being “influenced by others” and having a “sense of immaturity in character”, but that she wants help for the severe anxiety she suffers from, and is also carer for her grandfather.
Having spent a brief period in custody, she had, Yates said, a realistic prospect of rehabilitation.
Judge Timothy Petts described this as an “astonishing and appalling incident”.
Addressing Ali, he said: “You were the driver – without your dangerous driving, none of this would have happened.
“For several minutes, you can be seen driving in and around traffic. There was absolutely no reason for any of this to happen.
“Nothing that’s been shown to me suggests that the van driver was, in any way, at fault.”
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