A PENSIONER killed a pedestrian after swerving to try and avoid him instead of braking.

Bolton Crown Court heard how 69-year-old Navnit Tailor had seen great-grandad Anthony Locke on the pedestrian crossing on Topp Way, Bolton, but made an “error of judgement” in deciding to try and swerve round him on October 6 2017.

Darren Preston, prosecuting, said Tailor had owned his Audi for 18 years.

“It is a vehicle he has long cherished and cared for,” he said.

He added that Tailor was concerned about a collision with another vehicle if he braked to avoid the pedestrian and so made the decision to swerve around 72-year-old Mr Locke.

But he hit the pensioner, sending him flying into the air. Mr Locke, who was on his way the bus station after visiting his brother, suffered multiple injuries and died.

Jason Pitter QC, defending, stressed that saving his car from damage had not been the reason Tailor swerved rather than using the brake.

Judge Richard Gioserano agreed, adding: “He did not make a conscious decision to put the safety of the vehicle first.”

The court heard that Mr Locke was using the pedestrian crossing just after 7pm when the lights were on red for pedestrians.

Mr Preston told how, a few seconds before the collision, Tailor’s wife had warned him that someone was on the crossing.

“She told him to watch out,” said Mr Preston, but instead of braking, Tailor started to move into the adjoining lane. Another vehicle was there and he did not avoid hitting the pedestrian.

“The defendant must have had him [Mr Locke]in sight for several seconds,” said Mr Preston.

Tailor initially claimed he had been driving at 45mph — the speed limit is 30mph — but then later stated that he had been driving at just under the speed limit.

Police estimated Tailor’s speed to be at least 27 to 35 mph and he was 57 metres away from the crossing when he first saw Mr Locke and decided not to brake.

"It was a decision taken in a moment — it was the wrong decision," said Mr Preston.

The court heard details of a victim statement written by Mr Locke's widow, Doreen, in which she described him as her "soulmate" and told how her happiness has ended.

Mr Locke missed his grandson's 18th birthday and never got to walk his daughter down the aisle.

"She [Mrs Locke] regrets that she never got to say goodbye to him," said Mr Preston.

Tailor, of Queensgate, Bolton, pleaded guilty to causing death by careless driving.

Mr Pitter stressed that there was a "genuine and profound sense of sorrow, loss and regret" on Tailor's part.

"The essence of this case is an error of judgement and an inaccurate or wrong decision," he said.

"Once he made the decision to drive round Mr Locke the collision was inevitable."

The court heard that Tailor has suffered depression and PTSD-type symptoms since the collision.

He was described as being "kind" and a keen runner who has raised significant amounts of money for Bolton Hospice.

Sentencing Tailor to a community order for 12 months, with 120 hours of unpaid work, Judge Gioserano said he had been moved by Mrs Locke's statement, but the sentencing options open to him by law were limited.

"No sentence available to me can reflect the extent of her loss and her family have had to suffer," he said.

The judge told Tailor: "This court cannot turn back the clock any more than you can. It is clear to me the lives of many people were damaged beyond repair on that day."

He added: "It is not your speed, whatever it may have been, that was the subject of your carelessness here, it was your misjudgement to try and steer around Mr Locke rather than braking.

"[Had Tailor braked] it seems to me likely that the collision will have been avoided.

"It was momentary inattention that had tragic consequences.

"It is that judgement that is likely to haunt you for the rest of your life."

Tailor was also banned from driving for two years, after which he will have to take an extended retest.