A DRIVER who killed an elderly community champion has been told he will not be going to jail.

Bolton Crown Court heard that the family of 82-year-old victim Harold Daniels appealed instead for Callum Smedley to be made to do unpaid work so he can give back to the community as the pensioner no longer can.

Smedley, aged 29, of Wigan Road, Westhoughton, pleaded guilty to causing death by careless driving today — as his trial was due to start.

He had been driving a Citroen C2 on Chorley Road towards Westhoughton on June 4 last year when he collided with Mr Daniels, who was crossing the road.

Rachel Shenton, prosecuting, told Judge Elliot Knopf that Mr Daniels’ family did not want to see Smedley, a father-of-one, go to jail.

When asked by Nick Ross, defending, for an indication of the sentence to be passed, Judge Knopf said: “I have been made aware of the attitude of the family so far as any sentence is concerned in which they feel there should not be a custodial sentence.

“The wishes of a victim’s family can’t affect what a court should do in regards to its public duty.”

However, he added: “I am conscious of what has been said.”

The case was adjourned until tomorrow to allow for pre-sentence reports to be produced by the probation service and Judge Knopf told him that the maximum penalty he will face will be a non-custodial prison sentence.

The court heard that Smedley was driving at between 40 and 45mph in a 30mph limit when he hit Mr Daniels.

“He was an 82-year-old man in good health who simply crossing the road to buy a newspaper,” said Miss Shenton.

“It cannot be said that Mr Daniels has done anything improper at all to contribute to this incident.”

Mr Ross stressed that no factors, other than speeding, were involved in causing Smedley’s driving to be careless.

“There was moderate excessive speed but no other aggravating factors,” said Mr Ross.

He added that Smedley is unemployed, but is a family man with a one-year-old daughter.

In reaching his decision not to jail Smedley immediately, Judge Knopf stressed that the defendant had stopped after the accident and not attempted to drive off from the scene.

He made an interim order banning Smedley from driving and granted him unconditional bail until Wednesday.

“I understand the family (of Mr Daniels) wishes to be there on Wednesday and I will defer any further comments until then,” he added.

Mr Daniels, of Spindle Walk, Westhoughton, leaves a wife, Audrey, two daughters and grandchildren.

The pensioner had been chairman of Westhoughton Community Network for five years and was a past president of the Rotary Club of Westhoughton.

Following his death the WCN said: “Harold was a real character and someone who was much-liked and respected by those that knew him.”

His efforts for the community earned him official recognition when he was presented with an MBE.

Mr Daniels grew up in Bolton and remained involved with Melbourne Road Methodist Church, Deane, even after he moved to Westhoughton. He was well known in Westhoughton and was a regular figure as Father Christmas on the Rotarian float.