A killer driver who smashed his van into a pensioner's vehicle while talking on his mobile phone was jailed for three years yesterday.

Alan Milbanke, 32, had been chatting to a work colleague for just short of two minutes on a dangerous stretch of road when he lost control of his Mercedes Sprinter van.

Newcastle Crwon Court heard how 68-year-old Derek Davies died instantly in the smash, which happened on the B6278 near Snods Edge, near Hexham, Northumberland on April 11 last year.

Prosecutor John Evans told the court how investigators initially found no explantion why Millbanke's roadworthy van suddenly veered into the path of Mr Davies Vauxhall pick up.

But when it was realised passer-by Ian Hedley contacted the emergency services at 55 minutes and 32 seconds past 12 that afternoon after finding the crash scene, and the last call made by Milbanke's Nokia finished at 55 minutes and thirteen seconds past 12, he must have been on the phone when the crash happened.

Mr Evans told the court: "What became of great significance and what was critical to this prosecution in the absence of any eye witnesses was the finding of a Nokia mobile phone."

Mr Evans told how police seized and interogated the mobile and disvcovered he had been talking to a work colleague for 1minute and 57 seconds before the smash.

Mr Evans added: "There is an irresistable inference at the time the defendand lost control of his vehicle he was using his mobile phone - no doubt with one hand on the steering wheel and the other on the mobile telephone."

Mr Evans said that particular stretch of country road, known as devil's dip, was narrow and Milbanke's van would have automatically accelerated, possibly over the 50mph limit, due to the dip in the road.

Father-of-two Milbanke, of Point Pleasant Terrace, Wallsend, had pleaded guilty to causing death by dangerous driving at an earlier hearing.

Defence barrister James Adkin told the court: "No amount of apology I give on this defendant's behalf nor expressions of remorse go any distance in reducing the stress of the family of Mr Davies."

Mr Adkin said Milbanke, who remembers nothing about the smash, still has significant difficulties due to the injuries he suffered himself in the crash, particularly to his right arm.

He said Milbanke, who was heading to Stanley in County Durham to make another stationary delivery when the smash happend, has undergone a personality change since the accident and suffers from depression and anxiety.

Mr Adkin said the van usually used by Milbanke in the course of his work had a hands free kit installed but he was using a different vehicle that day.

Judge Michael Cartlidge jailed him for three years and banned him from driving for four.

The judge said: "Nothing I can do can bring Mr Davies back. I am sure Mr Davies' family will suffer for years after this."

Mr Davies' son Geoff,44, said Milbanke, has robbed the closely knit family of a "gentle man" who "never had a bad word to say about anybody".

Mr Davies, a retired groom, had been running a family erand when he died.

Mr Davies' son added that Milbanke has robbed Mr Davies' four grandchildren, of getting to know a wonderful grandfather.

He said: "My dad had four grandchildren and whereas myself and my brother have spent our whole lives with dad, the children will now miss out on that and that is a devastating thought which preys on my mind.

"He was a nice man, he never had a bad word to say about anybody and everybody liked him.

"He loved having a laugh and he loved his family."

Mr Davies jnr said after the sentencing hearing he would like to see harsher penalties for killer drivers.

And Mr Davies' widow Jill said: "I would have liked to have seen a sentence of four to five years.

"I found it diffucult to keep my temper in court listening to the defence.

"Nobody should use a telephone whle driving - its as simple as that."

Mrs Davies, of Shotley Bridge, County Durham, added: "My husband was a careful driver, he had no offences against him whatsoever.

"He was coming along that road and his life was just ended for nothing."