A foreign trucker who was on a video call with his wife when he ploughed into the rear of a car on the M20, killing a dad-of-two, has been jailed for 11 years.
Zvonko Tomisa, from Vidovec in Croatia, was at the wheel of a MAN lorry when he hit a Nissan Qashqai being driven by 36-year-old Arran McManus, from Ashford, forcing it into the rear of a Scania articulated HGV.
Arran McManus, from Ashford, died in the crash on the M20 near Lenham. Picture: Kent Police
The horrific three-vehicle crash shortly after 8.30am on November 25 last year occurred during a traffic jam on the Londonbound carriageway caused by a prior, unrelated accident that required a rolling 50mph speed restriction.
Maidstone Crown Court heard that 58-year-old Tomisa, who was heading up the motorway from Dover docks, was travelling at around 55mph when he failed to notice the standstill traffic ahead across all three lanes between junctions 9 and 8 at Lenham, near Maidstone.
Dashcam footage showed he did not start braking until less than a second before he drove into the back of Mr McManus at approximately 48mph, catastrophically crushing his car.
Such was the force of the impact that Tomisa’s lorry also hit the Scania HGV in front of Mr McManus’s Qashqai and shunted it forward.
Prosecutor Andrew Boulsfield told Tomisa’s sentencing hearing this afternoon that the reason for the professional lorry driver’s “prolonged” lack of concentration and inattention to the road for approximately 28 seconds was revealed by an examination of his phone by police post-arrest.
Data showed that within 10 minutes of him setting off from the docks at 7.39am he had messaged his wife, Marina, asking her to call him.
Zvonko Tomisa has been jailed after his truck collided with Arran McManus’ car on the M20 between Ashford and Maidstone. Picture: Kent Police
He then phoned her but the call went unanswered. This was followed by a video call with her at 7.54am that lasted just over two minutes.
The court heard there were further calls and messages with other contacts, including one regarding where he was to take his load in central London, followed by more attempts to reach Mrs Tomisa.
It was at 8.26am that she, having received his earlier messages, video called him and the fatal collision occurred.
Mr Boulsfield said Tomisa’s camera was recorded as being on at that time.
Mr McManus, who lived with his partner and their children in Ashford and coached local youth football, had been on his way to work. He was pronounced dead at the scene.
Tomisa, whose wife that day was due to have an operation, was also injured but tests for alcohol and drugs proved negative.
Following his arrest, he initially denied a charge of causing death by dangerous driving, only to change his plea to guilty at a hearing last month shortly before standing trial.
In court today were Mr McManus’s fiancée, Ashleigh Devlin, alongside his parents. In victim impact statements read to the court, they described how their lives had been “completely sledgehammered” by his “sudden and preventable” death.
Jailing Tomisa, a professional lorry driver for 38 years and with no previous convictions, Judge Catherine Moore said his actions that day were not a momentary loss of attention but involved prolonged use of a phone in “a highly distracting” way.
“Analysis of your phone showed that during the 56 minutes before the collision, there were multiple incoming and outgoing voice calls, messaging exchanges, messaging via Facebook Messenger, repeated camera activations consistent with video calling and there was active communication through a video call immediately before and at collison,” she told him through an interpreter.
“Those actions meant you were inevitably focusing on and interacting with the screen, engaging in a video call with your wife despite the fact you were driving a large vehicle on a motorway.
“It may well have been you were discussing a medical matter or a matter about which there was some anxiety. But that is no excuse.
“It is abundantly clear your entirely senseless actions meant your attention was distracted. You plainly assumed your driving would be unaffected by your mobile telephone use and that the rules somehow did not apply to you.
Video showed Tomisa pulling into lane one of the motorway, with Mr McManus’ black Nissan Qashqai just ahead of him. Picture: Kent Police
“You were not concentrating on the road. Your failure to do so had tragic and entirely avoidable consequences.”
Tomisa will have to serve two-thirds of his jail term before he will be released. He was also banned from driving for 14 years and four months – to take account of his time in custody – and will be required to take an extended test before he can drive in the UK again.
Judge Moore accepted that he had shown remorse, and that his acknowledgement of responsibility would last forever.
At the time of the fatal crash, Ms Devlin released a tribute to her partner of 15 years, describing herself as “heartbroken” at the loss of her “soulmate and best friend”.
She wrote: “Arran was our whole life and more. He was the most wonderful dad to our two incredible children, and he was so proud of them both and loved them both so deeply.”
“Arran will be sorely missed by his entire family circle.”
Mr McManus, who was a former pupil of the Harvey Grammar School in Folkestone, coached at Kennington Juniors FC.
In their statement, the club described him as “patient, thoughtful and inspiring” and someone who “embodied what it means to be a great coach, leader, and mentor”.
They also started a fundraiser in support of his family.
The court heard the road was dry, it was a clear day and visibility was good.
Earlier that morning, there had been a collision further along the Londonbound carriageway and central reservation signals were displaying the advisory limit of 50mph. That included a sign 1.7miles before the site of the fatal crash.
Although traffic had been moving well, there was a build-up ahead of Tomisa, causing vehicles to come to a standstill.
Dashcam footage played to the court showed the moment of the crash and people rushing to the vehicles. Picture: Kent Police
The driver of the Scania lorry later told police he had plenty of time to come to a safe stop, with evidence showing he gradually slowed to a stop over 400m and for around 28 seconds.
With the HGV’s hazard lights activated and flashing, Mr McManus came to a stop behind it approximately five seconds later.
Tomisa, had been driving for less than an hour when he arrived in Kent. Dashcam footage from another vehicle on the M20 showed him overtaking in lane two before pulling into the nearside lane.
He then remained in that lane for at least 20 seconds before ploughing into the Qashqai, causing it to become lodged beneath the Scania.
A collision investigation expert later described the damage as the worst she had ever seen.
When interviewed by police, Tomisa gave two ‘no comment’ interviews.
Dashcam footage played to the court showed the moment of the crash and people rushing to the vehicles. Picture: Kent Police
Acknowledging the devastating impact of Mr McManus’s death on his partner, children and wider family, Judge Moore said: “Ms Devlin explains so movingly in her victim personal statement, so courageously read by her in court today, that Mr McManus’s WhatsApp status ‘Make every day your favourite day’ defined how he lived his life.
“To Ms Devlin, Mr McManus was her best friend, the person with whom she shared a life full of love, support and joy, and the impact of the loss has been profound for her.
“His children have suffered deeply. What should be positive moments for them, are overtaken by the overwhelming sense of loss and grief.”
Describing Mr McManus as a “hands-on father” and “central” to those who loved him, the judge continued: “His mother said he made everyday life fun but now the fun is gone.
“It is quite clear each family member feels his absence profoundly and day by day, hour by hour, he continues to resonate.”
But she said the task of the court was not to try to put some value on the victim’s life, nor “quantify the pain felt” by those who knew him, as “such a task would be impossible”.
Kennington Juniors FC coach Arran McManus was killed in the crash on the M20. Picture: Kennington Juniors FC
Instead, the court had to apply the laws to reach a sentence that was “just and proportionate” to the offence committed, one which carries a maximum penalty of life imprisonment.
Mr Boulsfield told the court that as well as the phone use being prolonged, the distraction level of a video call would have been “far more considerable” than a call or text.
Tomisa, he added, was “desperate” to contact his wife and not concentrating on driving.
Nadia Semlali, representing the trucker, said he was “deeply remorseful and regretful for his actions and inactions” that day and made no excuses for what happened.
She also said he was “deeply traumatised” and suffers from flashbacks and nightmares.
“He has always accepted his actions and inactions caused the tragic death of Mr McManus for which he is deeply remorseful,” added Ms Semlali.
“This is a burden he will carry with him for the rest of his life.”
During the hearing, footage of the smash was played but a request that Tomisa be allowed to leave the dock was refused by Judge Moore.
She did, however, allow a letter written by him in Croatian to be read to the court by the tearful interpreter.
In the note, he said: “I wish to express my deep and honest remorse for everything that happened.
“There is not a word that can dilute the pain and loss the family went through after the person lost their life.
“I am carrying the weight of this tragedy every day and I am truly compassionate and empathise with their suffering.
“It was never my intention to cause harm to anyone, especially with those consequences.
“It was an accident, a tragic accident. Nothing was done on purpose, with intent.”
In her statement to the court, Ms Devlin spoke movingly of how the couple had not only been planning to marry but also that Mr McManus was due to launch a new business project centred around football in education.
“Arran’s sudden and preventable death has completely sledgehammered every part of our family life,” she wrote.
“Arran was my fiance, my best friend, my safe space, and the person who supported me through life. Arran took me under his wing from the moment we met and we built a life with love, stability and joy.
“Every day feels like I’m carrying a heavy pain in my stomach. I just want him back.”
Ch Insp Craig West of Kent Police said: “Arran McManus’ death was completely avoidable.
“He was on his way to work and got caught in traffic on the M20, yet the actions of Zvonko Tomisa meant he never made it.
“Mr McManus was a huge part of the Ashford community and his death has had a devastating impact.
“I’d like to thank Mr McManus’ family and loved ones for their support throughout our investigation. They have been put through a horrific ordeal and I hope they find some closure in today’s verdict.
“Tomisa has never offered an explanation to what happened that morning but he clearly wasn’t paying attention to the road in front of him.
“If anything good can come from this tragic incident, I hope it’s that people look at Mr McManus’ death and realise the detrimental impacts that can be caused by using a phone whilst driving.
“We have a zero tolerance policy for this at Kent Police, and will do everything we can to ensure no other family has to go through what Mr McManus’ family is having to endure.”