A Romanian van driver who killed Team GB triathlete Rebecca Comins when he ploughed into her during a cycling race in South Wales is to be deported, after losing an appeal at an immigration tribunal.
Comins, 52, a mother of two, was taking part in a time trial event on the A40 dual carriageway near Raglan when she was knocked off her bike and killed by Vasile Barbu, 50, in June 2022.
Barbu told police he had no idea he had struck her, claiming he thought the noise of the collision was a parcel falling inside his van. Detectives later calculated that Comins, who was riding with a bright flashing rear light, had been clearly visible for at least 18 seconds before the fatal crash.
He was jailed for four years at Cardiff Crown Court for causing death by dangerous driving and disqualified from driving for four years.
Immigration tribunal appeal
The tribunal heard that Barbu moved to the UK in 2022 to work as a pub chef and went on to own the bar. He married a Romanian woman in 2004 and later had twins. He told the tribunal he closely identified with British traditions and culture and saw the UK as his permanent home.
But Judge Ian Boyes ruled that Barbu's crime was not "an accident" and that deporting him would not breach Britain's obligations under Article 8 of the European Convention on Human Rights, which protects the right to private and family life.
'Not an accident'
The judge said: "The nature of the offending is important. This was not an accident. It was not a slight misjudgement. It was committed using a vehicle which should not have been on the road. It was overladen and deficient. These matters compound the nature and seriousness of the offending."
He added that deportation "would not constitute a disproportionate interference" with Barbu's family life, concluding that "the very significant public interest in deportation outweighs the appellant's private and family life considerations."
How the crash happened
Comins was taking part in a time trial with warning signs in place and other cyclists on the road when the crash happened. Cyclists set off at one-minute intervals along the A40 in an event organised by local club Monmouthshire Wheelers.
Barbu failed to manoeuvre around Comins, a champion sportswoman known as Becky, despite the outside lane of the dual carriageway being empty. He was unable to explain how the collision took place and told police he had seen her and left a two-metre gap moments before the crash.
Trial at Cardiff Crown Court
Cardiff Crown Court heard that Barbu's "devastating and catastrophic failure" to move out of the way amounted to death by dangerous driving, a charge he denied. He accepted he must have collided with Comins and admitted the lesser charge of causing death by careless driving.
Prosecutor James Wilson told the court: "Rebecca Comins was there to be seen. Visibility was good, she was cycling with a bright rear light so was clearly obvious to other witnesses. Her presence on that road was not unexpected."
He said Barbu "had space in the outside lane to move into and safely manoeuvre around her and to avoid colliding" but "instead directly hit Mrs Comins from behind." Wilson added: "This was not a momentary misjudgement or lack of concentration... the defendant's failure to avoid colliding into the back of Mrs Comins was a gross, catastrophic failure which amounted to dangerous driving."
Tributes to Rebecca Comins
Comins was the Vintage Veteran Champion of the Welsh Triathlon Super Series at the time of her death in June 2022 and had represented Wales the weekend before the crash.
Welsh Triathlon said in a statement: "Becky was a fierce competitor, but with it had a positivity and energy that was infectious. Becky was a multiple Ironman Wales finisher and also represented the Great Britain Age Group Team at the European Championships in Tartu 2018, as well as at the World Championships in Lausanne in 2019, finishing competitively in both."
The statement continued: "She loved the sport; she loved the training and Becky was central to any social activities across her clubs. Becky will be sadly missed by everyone within our triathlon community, and we extend our deepest sympathies to Becky's family, Steve, George and Millie and her wider friends at this sad time."
Comins was a member of the Dragon Tri Club, Newport Phoenix Cycling Club and Caldicot Running Club.
