Judge blasts CPS as death driver faces minor charge
A SENIOR judge has criticised a "nonsensical" decision to charge a taxi driver with a minor traffic offence after he knocked down and killed a man. Judge James Stewart QC said he was fed-up with the Crown Prosecution Service "repeatedly under-charging" criminals coming before Leeds Crown Court.
He expressed "amazement" that private hire driver Intkhab Alam, a Bradford Tory councillor, was not charged with causing death by dangerous driving after mowing down Christopher Benson, 20, in Morley, Leeds, last May.
Alam was instead charged with driving without due care and attention – an offence that does not carry a jail term – and doing acts intending to pervert the course of justice, failing to stop after an accident and failing to report it.
Judge Stewart heard evidence that Alam may have been driving at up to 70mph in a 40mph zone when he struck Mr Benson and had then driven at speed to get away from the scene. He said: "This was a serious piece of driving which fully justified a charge of causing death by dangerous driving. This case is matter of some amazement to me."
He added: "This is the third case (I have had) in two weeks of gross under-charging. The general public are getting fed-up of it. Under-charging happens repeatedly in this court and frankly it's getting out of hand, particularly when it involves a death." The judge halted yesterday's hearing to see if the CPS would consider re-charging Alam with the more serious offence but, after looking at the papers afresh, the CPS rejected this.
Mr Benson had been on a night out in Morley and was yards from home when he was hit by Alam's private hire car as he crossed the road. He was killed instantly. Alam stopped but then drove off. He then torched the car and reported it stolen but his lies were unravelled by diligent police work.
He eventually pleaded guilty to all the charges after months of denying any involvement. Alam, 31, a married father-of-five, of Sandford Road, Barkerend, Bradford, was jailed for a total of two years and four months and banned from driving for four years. The judge's anger was echoed by Mr Benson's family.
His mother Lynnette Twitchett said: "I've lost my son for life and Mr Alam only gets to serve 14 months (the minimum he must serve. We are not happy with this sentence. The punishment does not fit the crime, due to the CPS under charging him. As the judge rightly stated, this should have been a charge of death by dangerous driving which we strived for from the beginning.
"If that had been the case perhaps the sentence would have been more fitting. I would like to thank the police for all their relentless hard work in gathering the evidence. I would also like to thank and praise the judge for pursuing the possible changing of the charges." Police involved in the case were also angry but declined to publicly criticise the CPS.
Last night CPS chief prosecutor for West Yorkshire, Neil Franklin, said: "We do not in any way agree with His Honour Judge Stewart's comments with regards to the CPS's management of this sensitive case. "The duty of the CPS is to ensure that the correct level of charge is made in accordance with the published Code for Crown Prosecutors and the Director of Public Prosecution's guidance on charging.
"If we believe that we have a real chance to prosecute death by dangerous driving we will pursue this vigorously. However the CPS must be satisfied that there is enough evidence to provide a realistic prospect of conviction against any defendant before they are charged.
"Cases of this sensitive nature are always carefully and properly reviewed before any decision is made. In this case the evidence was thoroughly reviewed and in the light of all the evidence, the correct decision was taken to prosecute Mr Alam for driving without due care and attention, perverting the course of justice, failing to stop after an accident and failing to report an accident. "The evidence did not support a charge of causing death by dangerous driving."
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