Evening Standard Thursday 30 March 2006
This uninsured and unlicensed driver killed our son. His punishment… just an £80 fine
BY LECH MINTOWT-CZYZ
A GRIEVING couple spoke today of their outrage after the man who killed their son was fined just £80. Marek Tomi, 23, had no driving licence or insurance when he pulled out in front of John Living's motorbike.
Mr Living, 30, a logistics manager, was killed instantly. Tomi was charged with careless driving and magistrates imposed a £100 fine, which they later reduced to £80 because he admitted the offence.
They could have fined him up to £5,000 and if prosecutors had chosen to charge him with causing death by dangerous driving he could have faced 14 years in jail.
Mr Living's parents Carol and Peter said the sentence made a "mockery of British justice" and road safety campaigners described the fine as "an insult".
Mr Living, 55, of Woolwich, said: "This man
was playing Russian roulette. He gambled
with my son's life and it was my son who lost.
"In court, the defendant said he had seen my
son while they were waiting at the junction
lights but thought he would have enough
time to make his right turn. We have no idea
if he was even indicating. All we do know is
that my son did not even have the chance to
put on his brakes.
"John was a truly wonderful son and much
loved. We know he would forgive the
defendant but we cannot forgive the pain is too raw. We knew we would not get the justice we wanted but we never expected the defendant to get off this lightly. It has thrown salt into our wounds."
Mrs Living, 49, said: "John was a gentle giant and you never saw him without a smile. We are all stunned and feel like we have lost him again.
A GRIEVING couple spoke today of their outrage after the man who killed their son was fined just £80. Marek Tomi, 23, had no driving licence or insurance when he pulled out in front of John Living's motorbike.
Mr Living, 30, a logistics manager, was killed instantly. Tomi was charged with careless driving and magistrates imposed a £100 fine, which they later reduced to £80 because he admitted the offence.
They could have fined him up to £5,000 and if prosecutors had chosen to charge him with causing death by dangerous driving he could have faced 14 years in jail.
Mr Living's parents Carol and Peter said the sentence made a "mockery of British justice" and road safety campaigners described the fine as "an insult".
Mr Living, 55, of Woolwich, said: "This man
was playing Russian roulette. He gambled
with my son's life and it was my son who lost.
"In court, the defendant said he had seen my
son while they were waiting at the junction
lights but thought he would have enough
time to make his right turn. We have no idea
if he was even indicating. All we do know is
that my son did not even have the chance to
put on his brakes.
"John was a truly wonderful son and much
loved. We know he would forgive the
defendant but we cannot forgive the pain is too raw. We knew we would not get the justice we wanted but we never expected the defendant to get off this lightly. It has thrown salt into our wounds."
Mrs Living, 49, said: "John was a gentle giant and you never saw him without a smile. We are all stunned and feel like we have lost him again.
Mr Living said: "There has got to be a change. Whether you walk down the street with a gun or
drive in a car, both are potentially lethal weapons and people have to be made responsible for what they do with them."
Brigitte Chaudhry founder of road accident victims' support group Road Peace, said: "I can hardly believe this sentence. It underlines how desperate we are for a change in the law. This ruling is telling people that driving without insurance or a licence is worse than killing somebody with your car."
A CPS spokesman said: "When considering the appropriate charge, it is the behaviour that is the deciding factor whether the driving was careless or dangerous rather than the consequences.
"This was a single incident which did not involve excessive speed and his driving prior to this incident had not been careless. There was insufficient evidence to charge the defendant with causing death by dangerous driving, and careless driving was the correct charge"
www.roadpeace.org
drive in a car, both are potentially lethal weapons and people have to be made responsible for what they do with them."
Brigitte Chaudhry founder of road accident victims' support group Road Peace, said: "I can hardly believe this sentence. It underlines how desperate we are for a change in the law. This ruling is telling people that driving without insurance or a licence is worse than killing somebody with your car."
A CPS spokesman said: "When considering the appropriate charge, it is the behaviour that is the deciding factor whether the driving was careless or dangerous rather than the consequences.
"This was a single incident which did not involve excessive speed and his driving prior to this incident had not been careless. There was insufficient evidence to charge the defendant with causing death by dangerous driving, and careless driving was the correct charge"
www.roadpeace.org
This man will be back on the road and we're going to have to live with this pain for the rest of our lives."
After the fatal Incident in Margate in October, the Crown Prosecution Service decided Tomi was unlikely to be found guilty of causing death by dangerous driving.
Margate magistrates also sentenced Tomi a machine operator from Cliftonville near Margate to 200 hours community service for driving the Ford Mondeo without a licence.
After the fatal Incident in Margate in October, the Crown Prosecution Service decided Tomi was unlikely to be found guilty of causing death by dangerous driving.
Margate magistrates also sentenced Tomi a machine operator from Cliftonville near Margate to 200 hours community service for driving the Ford Mondeo without a licence.
He was also banned for two years for not having insurance.
Mr and Mrs Living, whose son lived in Ramsgate, are setting up a petition and website to campaign
for a rapid change in the law. Parliament is considering a new charge of causing death by careless driving, with a maximum jail sentence of five years.
Mr and Mrs Living, whose son lived in Ramsgate, are setting up a petition and website to campaign
for a rapid change in the law. Parliament is considering a new charge of causing death by careless driving, with a maximum jail sentence of five years.
Bereaved: Peter and Carol Living, left say they cannot forgive Marek Tomi, above, after their son John was killed