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news
Statue of Justice, Old Bailey (licensed CC BY 2.0 on Flickr by Ronnie Macdonald).jpgMan who killed teen cyclist while driving at three times the speed limit in fog on wrong side of road faces jail
A driver who was travelling at almost three times the speed limit in foggy conditions and on the wrong side of the road when he hit and killed a teenage cyclist has been told by a judge that he faces jail when he is sentenced next month.
The High Court in Edinburgh heard that Sami Ula Jabbar, aged 29, was speeding in his Mercedes E400 at around 80mph when he crashed into 16-year-old Harley Smith, reports the Daily Record.
The youngster, who was a student at St Mungo’s High School, sustained a fatal head injury in the crash, which happened on Polmont Road in Falkirk on 6 November 2020.
Jabbar, who pleaded guilty to causing death by dangerous driving, was refused bail by Lord Mulholland, the judge presiding over the case.
Harley had been returning home to Grangemouth after going out to see some friends when Jabbar hit him.
Prosecuting, advocate depute Alex Prentice QC said: “It is obvious that Harley Smith was a much loved young man who had great ambition in life and enriched the lives of others.”
He told the court that Alan and Jill Dougal, who were out walking their dogs, saw Jabbar driving his Mercedes at high speed.
“As it approached the Mary Street roundabout, Mr Dougal was concerned that the driver would lose control of the vehicle as it appeared to tilt slightly to its left as it navigated the roundabout,” he said. “Jill Dougal remonstrated towards the driver to encourage him to slow down.
“At this time a bus on the road ahead was pulling into a bus stop. The Mercedes motor car navigated around the bus by entering the opposing lane contrary to the ‘keep left’ bollard situated on the road.
Mr Prentice said that another witness, Donald Conroy, who was driving along Polmont Road, said that he saw “in his rear view mirror the Mercedes screeching to a halt and a person being propelled into the air to the height of what seemed like the ‘top of the lamp post’.”
He said: “What Mr Conroy saw was the accused colliding with Harley Smith who was crossing the road. The accused drove towards the locus at a speed estimated to be around 80 mph."
“Collision investigators are of the view that the collision and impact would not have occurred had the accused abided by the speed limits and had adjusted his driving to the circumstances. I say that because it was foggy and dark.”
Jabbar, who owns a convenience store and has prior convictions including for careless driving, admitted to police that he had been driving the car at the time of the fatal collision.
But despite the fact he was nearly three times over the speed limit and on the wrong side of the road, he claimed that the teenager had come “out of nowhere.”
He said: “I was driving along the road with my two friends in the car and out of nowhere out on the right-hand side, a cyclist appeared wearing all black on an all-black bike and then I never seen him and then boom, he came right on top of the windscreen.”
Deferring sentencing until next month, the judge told Jabbar: “Be under no misapprehension here. This is a very serious matter.
“Cyclists are as much entitled to use the roads, the Queen's highway, as motorists and they are entitled to feel safe and be safe.”
He added: “You have taken a young man’s life. Loved by his family, you have delivered to them a life sentence, a life sentence of loss and grief.”
Simon joined road.cc as news editor in 2009 and is now the site’s community editor, acting as a link between the team producing the content and our readers. A law and languages graduate, published translator and former retail analyst, he has reported on issues as diverse as cycling-related court cases, anti-doping investigations, the latest developments in the bike industry and the sport’s biggest races. Now back in London full-time after 15 years living in Oxford and Cambridge, he loves cycling along the Thames but misses having his former riding buddy, Elodie the miniature schnauzer, in the basket in front of him.
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26 comments
Lock him up and throw away the key, after liquidating his assets to pay the costs.
This article was followed by this advert. I think some rewording is needed. No one could have enjoyed reading it could they?
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My condolences to the victim's family. This was an appalling incident. The driver seems to have no remorse and doesn't seem to even understand what he did wrong. If ever there was a case of soemone never being allowed to drive again, this is it.
the American use guns we use cars to kill others, crazy, this guy should face a life sentence, 80mph in fog and can't wait for a bus to park.
So the cyclist appeared out of nowhere on the right according to his statement. The young lad was crossing over to the refuge it looks like. He will be looking to his right. Not left. I am seriously struggling to understand why someone with previous driving convictions is tanking it in not just a built up area but also in poor visibility. The miscreant obviously hasn't learnt and while I'm a great believer in education etc. on this occasion something more substantial than a slap on the wrist needs to be handed out.
#cyclelikeyoudrive
My deepest condolences and thoughts are of course with the family and friends of Harley Smith.
"“Cyclists are as much entitled to use the roads, the Queen's highway, as motorists and they are entitled to feel safe and be safe.”
Sorry, your honour, but you are wrong here. Cyclists have more right to use they roads - cyclists use it by right (like pedestrians), drivers use it as a licensed privilege
"told by a judge that he faces jail"
What is notable here is not that the driver faces Jail but the implication that there was the remotest possibility of him not doing so
This. I'd certainly take more enforcement and more convictions (CPS!) over degree of punishment. (I'd much rather we started getting serious about preventing this killing pedestrians and cyclists of course. Court is always too late for someone). But if "far below the standard ..." and 3 times the speed limit in the dark and fog, ignoring road directions and a bunch of previous didn't amount to a custodial sentence why not just scrap roads policing? Because it doesn't sound like this chap understands his problem or would readily comply with "don't drive".
The cynic in me says this is the UK
Scotland tends to be harsher on driving than e and w. For example, excess speed alone can result in dangerous driving convictions whereas in e and w there has to be another factor as well.
Scotland has deep fried Mars bars AND tougher action on bad drivers . . . . what's not to love?
I wouldn't say that. Sheriffs and Judges still have a tendency to hand out minimal sentences and lean more towards community and suspended unless public opinion suggests otherwise. Driving offences are still reserved to Westminster and you really do need a Sheriff who is happy enough to throw the book at offenders.
While we can only wait for the sentencing, I sincerely hope that this oxygen thief gets the maximum possible term. I know he'll get less because he pleaded guilty, but he should get the absolute most that the judge can give him, and a lifetime driving ban. I don't see any remorse in anything he's said, so he deserves everything he gets. I hear that child killers don't get a quiet ride in prison; I hope that applies in this case.
Maybe Ashley Neal would like to come on here and explain how the driver was detered by his previous brushes with the law for driving offences.
.
Good comment until your final, unnecessary, provocative sentence.
.
Good comment until your middle unnecessary sentence
Wrong side of a keep left sign!
But apparently the real issue would be if someone provoked the driver by pointing that out. Or came on here with footage of the offence.
I cannot recall a court giving the maximum possible sentence for any driving offence. Ever. Magistrates and judges seem frightened of appeals by the guilty party which might reduce the sentence and make them look like Hanging Judge Jeffries.
As for a lifetime ban, you are living in cloud cuckoo land sir. Probably ten years, which will be halved when he gets out and tells the court he needs a licence for his work.
And as far as I know there is little violence in Cat C prisons, which is where this fella is headed.
more likely six months and none at all if he claims it would prevent him doing his job
I think it's fairly pointless speculating. But here's the guidelines in case anyone wants to.
https://www.sentencingcouncil.org.uk/offences/crown-court/item/causing-death-by-dangerous-driving/
Spot on!
I rate Ashley highly when it comes to driver education but his views on cyclists and reporting bad drivers are sometimes way off.
It's frightening that we all share the road with someone so ignorant and selfish that they thought doing 3x the speed limit in fog was OK.
And apparently hasn't learnt in the past and still isn't learning. Not only is this "not OK" but given the forseeable consequences I'd rate it at the homicidal / manslaughter level. Likely risking himself and any passengers too.
Given our system short of an impossible "banging up for life" I'm not sure how we stop this guy ever driving again. He is one of those cases though.
Maybe this could be added to (sorry eburtthebike) a road safety review...
80mph in a 30. Either do the passengers for Incitement or do the driver for endangerment.
But, according to the petrolheads, speeding is a victimless crime, just a stealth tax on law-abiding motorists, war on them in fact.
I would even say forget about the fog, 80 mph in a 30 mph area is an absolutely fucking insane speed at any time . It alone would warrant a custodial sentence and driving ban even if no-one was injured or killed