A VAN driver who killed a cyclist while texting behind the wheel has lost his appeal to have his sentence cut.
Gard is said to have struck the cyclist at 65mph before deliberately deleting three messages from his mobile phone.
Mr Martin, 48, from Basingstoke was taking part in an organised time-trial event when the accident happened. The father-of-two died later in hospital.
Last September, Gard was jailed for nine years by Winchester Crown Court for causing death by dangerous driving and was disqualified from driving for 14-and-a-half years.
Gard lodged an appeal against his sentence in November – a move that was said to have “outraged” the Martin family.
Having racked up eight previous convictions for using a mobile phone while behind the wheel, the last one just six weeks prior to causing this fatality on the A31, Gard had his appeal rejected by Mr Justice Edis at the Court of Appeal on Tuesday.
In referring to Gard’s “truly extraordinary criminal driving record”, the judge said that Gard did not appear to care about the danger he presented and, rather than modifying his behaviour, had continued to put his own wishes before the lives of others.
According to Lee’s brother, Darrell Martin, who has been campaigning on the issue of texting drivers, it was “a relief” that the original sentence was upheld.
He told the BBC: “It sends a signal that using a phone at the wheel can cause deaths, and it’s a benchmark that strongly shows the original trial judge was correct.”
In accusing Gard of playing “Russian roulette” with other road users, Mr Martin said that lessening the sentence would have sent out the wrong message to others who may be tempted to text while driving.
Commenting on behalf of Alton Cycling Club, chairman Dr Mike Hayward said: “Cyclists everywhere will be relieved that the judge rejected this appeal.
“The offender had shown a wilful disregard for this important law and in so doing took the life of an entirely innocent man.
“Along with pedestrians and horse riders, as vulnerable road users, cyclists can only hope that this example will continue the drive toward making the use of mobile devices while driving socially and completely unacceptable.