Tuesday 7 July 2015

Man who killed his son and left another almost dead is spared jail term by judge

A dangerous driver who killed his young son and left another with life-changing injuries has been spared jail by a judge who said the father had suffered enough. Abdul Mosa, 43, was driving on the wrong side of the road when his family's car hit a lorry head-on, killing his seven-year-old, Alin, and injuring six-year-old Ara.

The family from Leeds, West Yorkshire, had been returning from a holiday in France and had just left the Channel Tunnel terminal in their Kia Soul when they crashed on the A20 at Hythe, Kent.

Mosa's wife, Huzan, and one-year-old daughter, Arda, were also seriously hurt in the collision last August, while lorry driver Anthony Brown was left with career-threatening injuries.

Mosa escaped with just minor injuries, thanks to his airbag, and sobbed loudly as Canterbury Crown Court heard how he cradled dying Alin in his arms.
The court was also told that two of the children were not wearing seat belts, and that Mosa had ignored other motorists as they tried to warn him he was going the wrong way.

Mosa admitted five charges of causing death and serious injury by dangerous driving and was facing a prison sentence as a deterrent, only for Judge James O'Mahony to spare him from jail. 
'I do not know a greater deterrent for this defendant to know his mistake ended up with the killing of his own child,' said Judge O'Mahony.

Stephen Shay, prosecuting, said Mosa had just exited the Eurotunnel and had travelled at least 200 yards in the right-hand lane - ignoring clear signs posted along the route.

'It would seem that he simply forgot and was driving in European conditions,' said Mr Shay. 'This was a mistake, a brief mistake with appalling consequences.'
Mosa later told police he thought he was on a one way road - but the prosecution added the clear road markings made that unlikely.
Lorry driver Mr Brown spent eight days in hospital after suffering a series of fractures to his right arm.

And he is now unable to use one of his fingers, which was injured when part of the Kia's roof rack was hurled through the lorry's windscreen in the impact of the crash.
Andrew Nuttall, mitigating, said little Ara will now 'never lead a normal life' because of his injuries.
He said: 'This is an appalling case which arose out of a simple mistake.
'This defendant started his punishment the moment his son died in his arms and he realised the enormity of his mistake.
'The harsh reality is that this defendant is going to be punished every minute of the rest of his life.

'He has to live with the consequences of his mistake... there can be no greater punishment in this world than that.'

The court heard that Mosa was now 'the glue' holding his 'fragile family' together, and Judge O'Mahony added that despite the aggravating features in the case, jailing him would probably result in his surviving children being taken into care because his wife was unable to cope.
He said: 'That would further punish the victims of these offences.'

Instead, Judge O'Mahony imposed a two year sentence, suspended for two years, and banned Mosa from driving for three years.

Source: Mail Online

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