Survivor's guilt of friend of pensioner who was killed by OAP driver

A pensioner whose friend was struck by a car and killed in front of her eyes by the oldest woman in Britain to be convicted of dangerous driving, has said her 'close encounter with death' will 'remain with her forever'. 

Jennifer Ensor was one of two women who were hit by June Mills, 96, of Ainsdale, Merseyside, after all three had attended a bridge club on August 2 last year. 

Brenda Joyce, 76, died instantly when she became trapped underneath Mills' car, which mounted the pavement after she 'applied too much acceleration'.

The OAP driver was handed a suspended prison sentence over the incident, with a judge telling her that it would 'not profit anybody' to send her to jail. 

In a statement which was read to the court on her behalf yesterday, Mrs Ensor said: 'The memory of being struck from behind by a car whilst walking on a pavement, thrown up in the air and then learning that it had run over and killed my friend will remain with me forever. 

'I am now nervous whilst walking on pavements, car parks and crossing roads. I am also anxious when driving and as a passenger. I find relaxation difficult and overreact to loud noises. I have a sense of guilt from having survived this horrendous event.' 

'Fortunately, this close encounter with death has left me with only minor physical injuries.

'I sustained cuts and bruising to the elbow, knee and back and also a large lump on the back of my head. The more serious aspect has been tendon damage to my right foot.

'This restricts the distance I can walk and prevents me from playing a full round of golf. Despite having had physiotherapy, this condition still exists.'

Liverpool Crown Court heard yesterday that both Mills and Mrs Joyce were among around 50 attendees at the bridge club at Elbow Lane Methodist Church in Formby.

Mrs Joyce and Mrs Ensor had driven to the event but parked their cars a short distance away and began to walk back to their vehicles shortly after 4pm.

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Robert Dudley, prosecuting, described how Mills had also taken herself to the bridge club in her white Vauxhall Corsa. She had left her 62-plate automatic in the church's car park and was approaching vehicles which were waiting to turn out of Elbow Lane onto Duke Street from the rear when she careered into both women.

Mrs Ensor subsequently recounted having been walking side by side with Mrs Joyce towards Duke Street when she was hit from behind and fell to the floor. She was thereafter unable to see her friend, but noticed her handbag left strewn on the pavement.

A retired doctor, Dr Nera Nirula, who had been waiting in the line of cars in her Jaguar meanwhile witnessed the Corsa coming to a stop after colliding with a Ford at the front of the queue. She recalled seeing 'a leg sticking out underneath the rear passenger side' of Mills' car and went to assist the trapped casualty.

Firefighters had to lift the vehicle in order to free Mrs Joyce from underneath, but she was pronounced dead at the scene. 

Mr Dudley detailed how her head was found to have struck the car's windscreen before she was dragged underneath and suffered multiple fractures to skull, legs, pelvis and ribs, with a post-mortem examination concluding that she had died of 'multiple injuries as a result of serious blunt force trauma'.

What does the law say on pensioners driving? 

Drivers have to renew their licence once they reach the age of 70, and then every three years thereafter. 

Those applying have to make a health declaration, and confirm that they meet the minimum eyesight requirement and aren't prevented from driving for 'any reason'.

People's driving ability may have to be assessed if they declare that they have a health condition or disability. 

But there is currently no requirement in Britain to retake your test at any age.

Sources: DVLA and Age UK

A statement was not provided by Mrs Joyce's family yesterday, with her widow 'indicating that he did not support the prosecution'. 

Mills was left uninjured following the crash and told attending police officers that 'there was a vehicle in front of her and she had accelerated to go around the vehicle when all of a sudden she lost control, mounted the pavement and struck a woman'.

When interviewed at her home address on September 25 2023, she said in a prepared statement that she was 'devastated and deeply saddened' and 'struggling to deal with what happened'. 

She added that she had been driving for 65 years but would only use her car to attend bridge club, collect her friend from Birkdale and go shopping at Waitrose and 'had never had previous problems with the car'.

Mills' statement continued: 'The amount of time it took for the events that followed would have been just seconds. My car just shot forward, completely out of control. It felt as if the pedal fell away. I remember pressing the accelerator just gently, and then it felt as if it dropped to the floor and shot off.

'It all happened very quickly and there were people in front of me, but I could not avoid hitting them because the car was going so fast I had no control over it. I do recall trying to steer away from them, but it all happened so quickly.'

Mills, who has no previous convictions, has since surrendered her driving licence.

Tom Gent, defending, told the court: 'This is plainly a dreadfully sad case. Mrs Mills is extremely sorry for what happened. The consequences will haunt her forever. She feels great shame and guilt.

'She was manoeuvring around a parked car ahead of her to her left. She was returning to the correct side of the road when, unexpectedly, she accelerated too much.

'She accepts that she must have mistakenly applied too much acceleration. That caused the car to lunge forward and mount the kerb before the collision.

'It was not a deliberate act. It was her error, but she cannot explain it. That unintended, excessive acceleration confused her. That confusion led to a delay in braking and the collision occurring. It was not a conscious decision to drive in the way that she did.

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'The defendant is 96. Over that long life, she has never committed an offence before. She has a very long and good work history. She is in very poor health.

'References speak of a long history of helping others. She had worked as a youth leader and careers advisor. After retirement, she volunteered with both victims of crime and also young offenders.

'More recently, she has housed and continues to house Ukrainian refugees. She continues to be charitable, less so with her time nowadays but more so with her finances.

'It is plain that she is a caring, compassionate lady. She has felt the consequences keenly. She remains haunted by it. She is now reluctant to leave her home and is ashamed that she is appearing before a criminal court.

'There is genuine and significant remorse. The defendant has surrendered her driving licence in the aftermath of this incident. The reality is that she will never driving again, and she is accepting of that entirely.

'She does not present any danger to the public, out with her driving. There is absolutely no prospect of her ever offending again. She has a long and blameless history. She has exhibited positive characteristics throughout her long life.'

Mills admitted causing death by dangerous driving during an earlier hearing, and is believed to be the oldest woman in the country to have been convicted of such an offence. 

Allowed to remain out of the dock and instead sitting in the body of the court in a wheelchair wearing a green coat and with a blanket over her knees, she appeared to breathe a sigh of relief and nodded as she was handed an 18-month imprisonment suspended for 18 months.

Sentencing, Judge Simon Medland KC said: 'Throughout your long life, you have never committed a criminal offence, quite the contrary. Many people speak of your kindness, public spiritedness, warm heartedness and general goodness.

'This court's sympathy must inevitable rest with Mrs Ensor, who was injured, and Brenda Joyce, who died, but it is right to observe that, on any view, this case is an utter tragedy. You have lost your good character and are in the dock of a crown court.

'It would not profit anybody to make that an immediate sentence, nor would that be a just outcome. Because of your age and illness, there is no punishment by way of unpaid work or the like that would be appropriate. Because of your previous outstanding good character, there is no need for a rehabilitation activity requirement.'

Mills was also fined £1,500 and told to pay court costs of £500. She was banned from driving for five years and will be required to pass an extended retest before being allowed back on the roads.