"HE should have got 10 years, he's got away with murder..."

That was Harry Smith's angry response on hearing the prison sentence this week handed to the van driver whose actions resulted in the death of his eldest son.

Forty-years-old motorcyclist Gary Smith, who lived in Ashfield Avenue, Atherton died when alarm fitter Kevin Moran, 46, from Rochdale turned across his path on the East Lancs Road.

On Monday Moran received a five-year prison sentence and was banned from driving for a similar period. He had been talking on his mobile phone when he did a 90 degree turn across Mr Smith's path after missing the M6 turning at Haydock.

On Tuesday at his home in Princes Avenue, Blackmoor, 71 years-old father of five Mr Smith told the Journal: "He's got five years -- but he'll only do two and a half. At least he'll have three Christmases in prison to think about what he did. He's got away with murder. Two and a half years for a life -- that's nowt.

No chance

"What that driver did was ridiculous. Gary had no chance. He was a good steady rider, he wasn't an idiot on a bike. He used to ride past here on his way to work at about ten to eight every night and he always waved."

Mr Smith reflected on how Gary, the eldest of his three sons, had booked time off at the Chaddock Lane food factory where he worked night shift to visit his girlfriend in Kirby.

He recalled how Gary had always had an interest in bikes, fuelled by his uncle John and cousin, Phil, who shared a lifelong passion for two wheelers.

Mr Smith said: "My brother John always had bikes -- I think he had every new model as soon as it came out. And Gary and Phil were always talking about bikes. Gary first got one to get to work at Glover's farm on Astley Moss."

Cousin Phil Smith went with Gary to Bolton when he bought the Honda CBR600 he was riding when Moran caused his death.

"Gary loved bikes," said Phil, "this should never have happened."