A driver who ran a red light and killed a cyclist who was riding on a pedestrian crossing has escaped jail after being found guilty of causing death by careless driving.
Rouguiatou Fofana was sentenced to nine months in prison suspended for two years at Coventry Crown Court on Friday for causing the death of Craig Mulligan.
According to the Coventry Telegraph’s Daniel Smith and Sam Dimmer, Fofana, 34, was originally charged with causing death by dangerous driving after hitting 34-year-old Mr Mulligan on November 1, 2012.
The court heard that she was travelling at 32-38mph in a 30mph zone and made no attempt to slow down when the lights on the crossing turned red.
Mr Mulligan was hospitalised with severe injuries and died five days later.
Fofana maintained that the lights were green when she drove into Mr Mulligan and has never fomally apolgised.
Ian Crooks, of West Midlands CPS, said: “A prudent and careful driver would have had time to see the victim crossing the road and they would have stopped or swerved in order to avoid colliding with him.
“From police investigation as well as witness statements, it became apparent that Fofana was travelling above the speed limit and when the cyclist came into her vision.
“This situation arose due to the fact that Fofana did not have her full attention on the road at those few seconds before the collision.”
Ben Williams, defending, said: “It’s a fact of the rules of the road that a cyclist should not be using a pedestrian crossing.”
But Judge Phillip Gregory was having none of it. “So what?” he said. “It might have been a child using the crossing and been wiped out by your client.
“I have never seen an expression of regret from her.”
Mr Williams said: “She may not have expressed remorse during the trial but to people known to her and a third party she has expressed remorse.
“She has suffered sleepless nights and cannot get the moment of the collision out of her mind.
“Both the offender and her husband have prayed for the victim and his family.
“She would like to say sorry and seek their forgiveness. She knows an apology would not make up for what happened.”
Handing Fofana a suspended prison sentence, Judge Gregory said the court was not there to “take revenge” on her.
He said: “The court can not do anything to make up for the evil of that night by sentencing you.
“What I am required to do is impart justice for the victim, his family, to you and to society at large.
“On balance I can properly deal with you in the way recommended by the probation service.
“I’m satisfied you feel remorse. By your nature you are a caring and responsible person.”
The court also ordered Fofana to carry out 100 hours unpaid work and meted out a three-year driving ban, plus £2,000 costs.
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44 comments
So many disappoints.
That's okay. Say it with scissors. Scissors in one hand, driving licence in the other. If we have trouble understanding, cut it into smaller pieces.
Why you get my hopes up, and then smash them to bits by giving three year ban then? I'm not saying let her rot in prison for life. Just that she not be allowed to kill again the same way.
'Careless' is when you forget to tie your shoelace. 'Dangerous' is going through a red light.
Was it a Toucan?
How many motorists can tell the difference between the different type of crossing when they are approaching them? All they see are Red Amber and Green,
TOUCAN crossings are designed for both pedestrians and cyclists and are typically used adjacent to a cycle-path (Cyclists are not allowed to cross the road using Zebra, Pelican or Puffin crossings).
-not allowed to ride surely they can push bikes across
Why does it matter? Are you really saying it's fine to kill someone if they were breaking the rules at the time. If so, is it fine for me to shoot the next motorist who breaks the speed limit near me? If not, what's the difference?
I'm starting to believe that this might be the case.
Trying to put words in my mouth! Read the post before jumping to aggressive ignorant criticism, the defense were trying to say the cyclist shouldn’t be on the crossing, Toucans are specifically for cyclist to ride across!
Trying to put words in my mouth! Read the post before jumping to aggressive ignorant criticism, the defense were trying to say the cyclist shouldn’t be on the crossing, Toucans are specifically for cyclist to ride across!
Mrs Fofana has fatally demonstrated that she is not capable of safely operating a car - so why should she ever be allowed to drive again??
I don't think a short custodial sentence would do much to protect the public - but a lifetime driving ban certainly would.
Why are these not mandatory in all "death by careless driving" cases? If the driver is "careless" enough to kill someone then they shouldn't be driving!
Sadly got to agree. I really, really don't understand why someone like this should ever be allowed to drive any motorized vehicle again. I suspsect that she probably should not be allowed to use a bicycle either.
She and her husband have prayed for the victim and his family.
So that's all right then, isn't it?
Speeding, running a red light, and killing someone at the crossing? All at the same time?
Whenever these awful cases happen, we should all be asking ourselves if the accident would have still been just as likely to occur if a mandatory lifetime driving ban existed.
My gut feeling is that most people would drive more carefully.
Well said by that Judge.
So why not do it at the trial? Sounds like she is just callous.
This should have been a life ban from driving.
“What I am required to do is impart justice for the victim, his family, to you and to society at large."
Yeah, would you please do just that, impart justice? That "sentence" is utterly ridiculous.
Disgusting, should've been a custodial just for truing to blame a cyclist for using the crossing!
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