Fatal Crash on A483 Near Welshpool
A man has denied racing his brother moments before a crash that resulted in the death of a father-of-two and serious injury to his nine-year-old son.
Rhys Jenkins, from Deuddwr, Powys, died at the scene on the A483 near Welshpool in November 2024. His son, Ioan, was airlifted to a hospital in Liverpool with serious injuries.
Defendants and Charges
Abubakr Ben Yusaf, 31, and Umar Ben Yusaf, 35, both deny charges of causing death by dangerous driving. Additionally, Abubakr Ben Yusaf denies a charge of causing death while driving uninsured.
Defendant's Account of Events
At Mold Crown Court, Abubakr Ben Yusaf stated he had been working as a locum optometrist in Cardigan at the time of the crash, while his brother was working in Aberystwyth, where they shared a flat.
Both were driving back from Aberystwyth to their family home in Manchester when the crash occurred.
Abubakr Ben Yusaf said his brother left before him in a blue Audi A4, while he departed in a red BMW X3 at about 17:00.
He explained that the BMW belonged to his father and that he believed he was added as an additional driver on the insurance policy.
The defendant said he had driven the car on multiple occasions, including trips with his father as a passenger.
He stated he was unaware of his brother driving close behind him and expected his brother to be ahead, as he had left Aberystwyth earlier.
He disputed several witness accounts that reported the BMW was driven at excessive speed along the A483 in the minutes before the crash.
Prosecution Evidence and Defendant's Response
David Mainstone, prosecuting, referenced witness testimony from Morgan Henry, who said Abubakr Ben Yusaf's driving "demonstrated impatience."
"I don't agree I was impatient,"
the defendant replied, adding that he only passed vehicles "safely."
He denied driving at "excessive speed," stating he only exceeded the speed limit by "one or two miles" when overtaking.
Mainstone also presented dashcam footage from witness Emma Crabtree, showing her being passed by another witness, Tyler Lewis, and subsequently by Abubakr Ben Yusaf.
At the time, Crabtree was traveling at 55mph (88km/h) on a 60mph road.
"I felt it was safe at the time,"
he said, adding he did not know his exact speed but estimated it was about 5mph faster than Crabtree.
Defense Counsel's Questions
Hugh Barton, defending Abubakr Ben Yusaf, asked if he accepted that the dashcam footage showed him overtaking a car and what he thought of the maneuver.
"It doesn't look great... at the time I thought it was safe to do... looking back now I could have left more space... between the vehicle in front... I thought it wasn't anything dangerous to do at the time,"
he said.
Details of the Crash
Shortly before the crash, Abubakr Ben Yusaf said his vehicle "lost traction," describing a "sudden change" in road conditions that caused the car to move from side to side.
He acknowledged that a small mistake at high speed increases the likelihood of losing control but stated it was "not a factor" in this case.
The defendant believed he may have applied the brakes in an attempt to regain control but was unsuccessful.
After the crash, he recalled "waking up" facing the opposite direction on the road.
"I was panicking... in a state of shock,"
he said, adding he had an "awareness" of being in a crash but "didn't understand what was going on at the time."
He left his car and saw a vehicle he "recognised"—his brother's car—and got into the passenger seat.
"There's gaps in my memory, I feel I was in and out of consciousness,"
he said, adding he temporarily lost his vision and hearing.
His next memory was being in the back of an ambulance.
Post-Crash Actions and Police Interaction
When asked if he remembered being spoken to by a PCSO at a roadblock in Welshpool while in his brother's car, he said he did not.
During cross-examination, Mainstone questioned why he walked toward his brother's car instead of the vehicle he collided with.
He said he had not considered the occupants of the other car at that moment and instead wanted to "get to hospital."
He was also questioned about being driven to Tesco in his brother's Audi while his brother went inside to use the toilet. He confirmed he remained in the vehicle and was asked about using his phone to download an insurance app called Cover.
It was suggested he downloaded the app because he knew he was not insured and wanted to backdate insurance for that day.
"No,"
he said, adding he could not offer another explanation.
He was asked why he gave a "no comment" police interview following his arrest, which he said was due to legal advice from a solicitor.
He said the crash had affected him "massively."
"I wish I could change it... my heart goes out to the family,"
he said.
Denial of Racing Allegations
Questioned by his brother's barrister, Sean Minihan, Abubakr Ben Yusaf denied ever "racing" his brother that evening and said Umar Ben Yusaf's Audi had not overtaken him.
ANPR Evidence and Witness Testimony
Mainstone questioned Abubakr Ben Yusaf about Automatic Number Plate Recognition (ANPR) evidence showing the gap closing between the two brothers' cars as they approached Newtown, where they were then behind each other.
Abubakr Ben Yusaf agreed this was the case "from what the evidence shows" but denied seeing his brother's car behind him.
Mainstone also cited witness Roy Jennings, who said he was overtaken by the brothers coming off a roundabout in Newtown and felt they were "racing."
"I disagree with his recollection,"
said Abubakr Ben Yusaf.
"Other vehicles did overtakes, it could have been someone else."
Upcoming Testimony
Umar Ben Yusaf is scheduled to give evidence on Friday.
