BMW driver sentenced after man died outside Dancing Man Southampton

Simon James Poole had been enjoying a night out at the Dancing Man Brewery with colleagues moments before he died.

The 47-year-old father of three was hit by a BMW X5 as he crossed Town Quay between two sets of pedestrian crossings. Mr Poole had not pressed the crossing button, the court heard.

The vehicle, driven by Deividas Balkauskas, had been travelling 44mph or 45mph at the time of impact, Southampton Crown Court heard. The speed limit of the road is 30mph.

Victim Simon Poole and his family

Prosecution barrister, Edward Elton told how a passing ambulance was flagged down and Mr Poole , formerly of Manchester Road in Sway, was taken to hospital where he later died of his injuries.

Mr Elton said: “Simon Poole and his senior colleagues from WightFibre were attending a work Christmas do in the Dancing Man pub-restaurant at Town Quay in Southampton. The road upon which this pub sits is the A33 which is subject to a 30mph limit."

He told how just after 10.30pm the group left pub and walked towards the Red Funnel terminal.

Mr Poole was said to have been “drunk but happy” at the time.

The road was described as wet from recent rain and there was no traffic visible.

However, Mr Poole crossed the road between two pedestrian crossings without pressing a button.

A colleague and witness said: “He then seemed to lean forward, duck his head slightly and run across the road towards us. I am not sure if he looked to see the car or not.”

Balkauskas was heard to say ‘oh no’ when he stopped his vehicle.

Appearing before Southampton Crown Court, the 41-year-old, of Eling Lane, Eling, stood to be sentenced for causing death by careless driving.

He previously pleaded guilty to the offence that happened on December 16, 2019.

The court heard how the defendant, who had travelled from Luton Airport to Southampton on the day of the crash, was aware it was a 30mph limit zone and said he did not see where the man - Poole - had come from.

Deividas Balkauskas outside court this morning

Mr Elton read a victim personal statement written by Louise Poole.

Extracts of which said how the incident had “blown our world apart and devastated our happy family”.

She said how the their lives had been changed forever.

And described Mr Poole as the most devoted husband, father and friend she had been in love with for almost 30-years. Defending, Andrew Houston, said that his client was clearly remorseful.

He described Balkauskas as a hardworking man who financially supported his wife and father-in-law.

Mr Houston urged for any custodial sentence to be suspended.

At sentencing, Judge Gary Burrell QC said: “This case is a dreadful tragedy. Simon Poole, the deceased, was a much-loved father and much-loved son. His mother writes in her victim personal statement that his death has ripped the heart out of our family.”

He mentioned a collision expert’s report that stated “the driver of the BMW did not have sufficient time to avoid the collision regardless of travelling at 40 or 50mph.

Referring to the defendant, Judge Burrell added: “He is employed, he is hardworking, he has settled status, he has family responsibilities. He is clearly remorseful as any decent person would be about what happened. So, for those reasons I am prepared to suspend this sentence.

Balkauskas was jailed for 18 months, however, the sentence was suspended for two years.

He must complete 250 hours of unpaid work and four rehabilitation activity days.

Furthermore, he has been disqualified from driving for 12 months and ordered to pay £1,000 in court costs.