A WOMAN from Abergele has lost an appeal against her conviction for racially aggravated behaviour after telling a Polish man to “re-take your (driving) test in this country” in Kinmel Bay.
Samantha Morrow, 33, of Ffordd Tan'r Allt, was convicted of the offence at Llandudno Magistrates’ Court on October 23, 2023, having been found guilty after trial.
At Caernarfon Crown Court today (February 2), her appeal was dismissed, and she was ordered to pay a further £550 in costs.
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Barrister Elen Owen told the court that, on January 16, 2023 on St Asaph Avenue, Marcin Wasilewski, a mechanic, was driving in the course of his employment when he was nearly “rear-ended” by Morrow’s vehicle three times.
After the third occasion, at a mini roundabout, he pulled over, and got out of his car, with Morrow said to have been “gesticulating quite aggressively to him”.
He claimed he was giving way appropriately to oncoming traffic at the time.
It became apparent to Morrow that English was not Mr Wasilewski’s first language, and she told him he should re-take his driving test in Britain.
Mr Wasilewski took a still image of Morrow’s car at the scene, to highlight the proximity of the two vehicles, before contacting police.
Police attended Morrow’s home on May 6, 2023, where she spoke to officers through a window after refusing to open her door or attend a voluntary interview.
She then passed footage of the argument which she filmed on her mobile phone, which included her telling Mr Wasilewski to “re-take your test in this country”, on to police.
Mr Wasilewski, who has lived in the UK for nearly a decade and has his own family, said this is the “first and last” such instance he has encountered since moving to Britain.
He said he felt “very strongly offended” by what happened, and was left feeling “horrible”.
Morrow said she stepped out of her vehicle to confront Mr Wasilewski as she feared for the safety of her three-year-old son, who was a passenger in her car.
She said she felt “offended” that police attended her address in May, after officers did “nothing” to investigate previous reports she had made.
Mr Wasilewski “slammed on, like an emergency brake”, she said, so she beeped her car horn at him.
Morrow said she found him “very hostile and aggressive”, adding: “My adrenaline kicked in, and I just wanted to get him away from my son.”
Asked by Ms Owen why she did not first contact police before filming the incident, Morrow said: “I have no trust in the police.”
Ms Owen also said Morrow had been “driving extremely badly and aggressively that day” herself.
Judge Huw Rees, presiding over the hearing, dismissed the appeal, on the basis that the footage from Morrow’s phone showed her making the comment in question to Mr Wasilewski.
He told her she had behaved “inappropriately” and in a “somewhat petulant” manner.
Morrow was warned by Judge Rees to “tread very carefully in the future”, having seen a list of complaints about her driving and her reactions to that of other drivers.
Judge Rees told her: “I don’t think I’ve seen a more sorrowful document in terms of road rage behaviour.
“I’m telling you very clearly, Ms Morrow, that your behaviour in the past, and on this occasion, is to be deprecated.”
Morrow’s initial conviction in October led to her being ordered to pay £100 in compensation, a £120 fine, and £400 in costs to the Crown Prosecution Service.
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