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"Oblivious" speeding driver handed five and a half year jail term for killing six-year-old boy riding home from football practice

Boy, who was crossing a 30mph road, was catapulted 100ft by the impact

A Luton motorist who killed a six-year-old boy cycling home from football training has been jailed for five and a half years. Michael Raffermati had a clear view for 132 metres before he hit Zi Singh, who was catapulted 100 feet along the road.

The BBC reports that on Saturday October 20 2018, Singh went to cross Whitehorse Vale in Luton with his adoptive father, Dr Tekki Rao, a consultant paediatrician.

Rao checked both ways to ensure it was safe, but then heard a car.

Prosecutor Peter Shaw said: "Dr Rao was a little ahead of Zi, when he heard the roaring sound of a car engine of what he later described as a fast-approaching car.

"He tried to shout to Zi to stop him, but realised Zi was already crossing the road behind him. Dr Rao witnessed Zi being struck by a car and catapulted on the road about 100ft (30.48m)."

In a victim impact statement, Rao said: "Zi was lifeless, pale eyes deviated to either side. At that very moment I felt he was no more. My experience in paediatric medicine and neurology told me his life has ended."

Rao tried to resuscitate his adopted son, but the boy was pronounced dead in hospital.

The speed limit of the road is 30mph. Police estimated Raffermati – who had his three children in the car – was travelling at between 50mph and 61mph at the time of impact if there had been braking before.

Rao told police he heard Zi being hit and the sound of something being dragged, but no braking.

A witness said Raffermati had been doing at least 60mph on the single carriageway road. Another said they hadn’t seen brake lights at the time of the collision.

Shaw said: "The defendant was travelling at well over the 30mph speed limit and such driving was inappropriate for the prevailing road conditions. It was a residential area with multiple crossing points.

"The nature of the road is such that extra care is required. It is residential, near a corner shop, there are multiple designated crossing points, multiple bus stops and multiple side roads from which vehicles may be emerging.

"There are multiple vulnerable road users and hazard points. There is clear witness evidence that the defendant was not driving in a manner even approaching appropriate for the road.

"Having proved Zi and Dr Rao were there to be seen, at or near a designated crossing point, the defendant did not react in any way to account for their presence on or near to the crossing point. “Given the 132-metre view he should have seen Dr Rao crossing and Zi behind him and slowed down accordingly.

"There is witness evidence that no braking was seen or heard on the car's approach to the crossing and, to the contrary, that he accelerated in the lead up to it.

"The defendant was driving so fast he was oblivious to other vulnerable road users and either failed to see Zi or Dr Rao until it is too late, or does see them and carries on regardless."

Raffermati, from Leighton Buzzard, had three previous convictions: one of damaging property and two of threatening behaviour, one of which was a road rage offence from 2015 when he threatened another driver with a hammer.

Shaw also said the MOT on the car had expired 11 days before the collision.

Raffermati admitted causing death by dangerous driving.

Defending, Neil Jarvis said: "He wishes he could put himself in the place of the child. He accepts his speeds was excessive. He can't clearly say what happened. He wishes he could go back and do something completely different."

Alex has written for more cricket publications than the rest of the road.cc team combined. Despite the apparent evidence of this picture, he doesn't especially like cake.

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22 comments

Avatar
Sriracha | 4 years ago
1 like

I think the legal argument against lifetime driving bans is something along the lines of 'just can't expect that to work', because the perp still needs to be economically active etc. Maybe there should be another class of driving licence restricted to asthmatic cars incapable of exciting the passions of petrolheads. Of course there remains the enforcement problem. But at the very least people repeatedly proven to be a menace behind the wheel ought not be simply given back the keys to their V8 after whatever period.

Avatar
hawkinspeter replied to Sriracha | 4 years ago
1 like

Sriracha wrote:

I think the legal argument against lifetime driving bans is something along the lines of 'just can't expect that to work', because the perp still needs to be economically active etc. Maybe there should be another class of driving licence restricted to asthmatic cars incapable of exciting the passions of petrolheads. Of course there remains the enforcement problem. But at the very least people repeatedly proven to be a menace behind the wheel ought not be simply given back the keys to their V8 after whatever period.

When a driver has caused the death of another person, then surely public safety must be more important than whether the driver can do their chosen job. There are plenty of jobs that do not involve driving and if you've deprived someone of their career and life, then I think you have no right to insist on keeping your chosen career.

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ktache replied to hawkinspeter | 4 years ago
0 likes

But, but, Driving...

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Sriracha replied to hawkinspeter | 4 years ago
0 likes

not disagreeing with you - I am not a 'legal expert'. Those arguments are advanced, and hold sway.

But we already have category restrictions on licences, so not hard to do. If in practice certain people can be restricted to, say, insurance group 1 cars where previously it was seen that a total ban was not tenable, and it works for safety, then why not? In the end, like you say, it's about public safety. Not retribution.

So in this example the guy, having previous, would have been already consigned to driving a Fiat Panda or the like. It's a different vibe to the cockpit of a performance car and I'm assuming just does not press the same buttons in some people's heads. And no, I'm not trying to excuse them, more just to separate the addict from their drug.

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Hirsute replied to hawkinspeter | 4 years ago
1 like

A quick search shows 10000 drivers with points over 12.
I don't know how you change the wind unless of course a cyclist kills someone.
But 1700 odd deaths a year is the collateral damage.

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the little onion | 4 years ago
2 likes

The BBC story has this little tit-bit missing from the road.cc version

"Raffermati was also banned from driving for five years on his release from prison"

 

WHAT? If this incident, plus this scumbag's history of road rage etc, doesn't warrant a life time ban, what does? 

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Butty | 4 years ago
0 likes

A truly dreadful case but what is its purpose being posted on Road.CC other than as clickbait? It contains nothing related to cycling.

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brooksby replied to Butty | 4 years ago
4 likes

Butty wrote:

A truly dreadful case but what is its purpose being posted on Road.CC other than as clickbait? It contains nothing related to cycling.

Erm - "a six-year-old boy cycling home from football training"

I think that road.cc likes to cover general road danger issues as well as Lance Armstrong's latest shenanigans.

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Compact Corned Beef | 4 years ago
11 likes

More infrastructure. Better infrastructure. Lifetime bans for things like 'a road rage offence from 2015 when he threatened another driver with a hammer'. 

Avatar
srchar | 4 years ago
9 likes

I see far more of this now that the roads are quieter. There's a nice, wide, straight residential road near me, on which I'm often tailgated when driving along it at high 20s mph. Since lockdown, the average speed has gone up, and it's not uncommon for people to drive along it at 50+ mph.

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Kapelmuur replied to srchar | 4 years ago
2 likes

I see far more of this now that the roads are quieter. There's a nice, wide, straight residential road near me, on which I'm often tailgated when driving along it at high 20s mph. Since lockdown, the average speed has gone up, and it's not uncommon for people to drive along it at 50+ mph.

[/quote

A common experience at present.   On a non cycling message board I visit the news that police were starting a nationwide campaign to catch speeding drivers was greeted by the comment "we have become a police state".

Avatar
Kapelmuur replied to srchar | 4 years ago
1 like

I see far more of this now that the roads are quieter. There's a nice, wide, straight residential road near me, on which I'm often tailgated when driving along it at high 20s mph. Since lockdown, the average speed has gone up, and it's not uncommon for people to drive along it at 50+ mph.

[/quote

A common experience at present.   On a non cycling message board I visit the news that police were starting a nationwide campaign to catch speeding drivers was greeted by the comment "we have become a police state".

Avatar
Kapelmuur replied to srchar | 4 years ago
0 likes

I see far more of this now that the roads are quieter. There's a nice, wide, straight residential road near me, on which I'm often tailgated when driving along it at high 20s mph. Since lockdown, the average speed has gone up, and it's not uncommon for people to drive along it at 50+ mph.

[/quote

A common experience at present.   On a non cycling message board I visit the news that police were starting a nationwide campaign to catch speeding drivers was greeted by the comment "we have become a police state".

Avatar
iandusud replied to srchar | 4 years ago
2 likes

srchar wrote:

I see far more of this now that the roads are quieter. There's a nice, wide, straight residential road near me, on which I'm often tailgated when driving along it at high 20s mph. Since lockdown, the average speed has gone up, and it's not uncommon for people to drive along it at 50+ mph.

My experience is the same as yours. When I drive in my local resisdential streets there are few stretches where 30mph is safe and I am regularly tail-gated by drivers who I think aren't in a particular hurry but are just completely unaware of the idea of adjusting ones speed to the driving environment. I think many drivers see speed limits as an indication of the speed at which the traffic should move. Then again there are others who see speed limits as some sort of in fringement of their right to drive at whatever speed they consider appropriate. 

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eburtthebike | 4 years ago
14 likes

A sad story for all concerned, and one to bring to the attention of all those people who say speed doesn't kill.  It must have been heart-breaking for the father to see his son slaughtered in front of him by a callous driver and be powerless to do anything.

"Defending, Neil Jarvis said: "He wishes he could put himself in the place of the child. He accepts his speeds was excessive. He can't clearly say what happened. He wishes he could go back and do something completely different."  Given his record, I very much doubt any of that.

An unbelievably light sentence for what was effectively murder, even if he did plead guilty, especially since he had children in the car with him.

Avatar
brooksby | 4 years ago
17 likes

Quote:

Defending, Neil Jarvis said: "He wishes he could put himself in the place of the child. 

You know what?  I think we all wish that.

Avatar
Sriracha replied to brooksby | 4 years ago
5 likes
brooksby wrote:

Quote:

Defending, Neil Jarvis said: "He wishes he could put himself in the place of the child. 

You know what?  I think we all wish that.

Oh, but he can put himself there. The boy was on a bike - he can put himself in the same position and suffer the same risks from idiots such as himself, let him take his chances. He should be taken at his word, along with a life ban from driving in case his word is worthless.

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ktache replied to Sriracha | 4 years ago
5 likes

And if he is truely remorseful, perhaps he will never try and get his licence back or seek ever drive again.  He could also campaign for lowered speed limits and enforcement and spend the rest of his life trying to persuade others who treat the roads as he did to slow down and never, ever do this to other human beings.

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Projectcyclingf... | 4 years ago
13 likes

Taking account of this dangerous maniac's history and evidence against him, a conviction of manslaughter would have been more appropriate and 15 year term in prision, with a life driving ban.
Too many dangerous maniac drivers are saved from fitting deterents by callous, cowardice law enforcers.

Avatar
OldRidgeback replied to Projectcyclingfitness | 4 years ago
6 likes

Projectcyclingfitness wrote:

Taking account of this dangerous maniac's history and evidence against him, a conviction of manslaughter would have been more appropriate and 15 year term in prision, with a life driving ban. Too many dangerous maniac drivers are saved from fitting deterents by callous, cowardice law enforcers.

Yep, you have to ask whether lifetime driving bans would be suitable in extreme cases like this where the driver has a history of previous serious offences. Some people aren't fit to drive.

As a parent, I have a lot of sympathy for the victim's family.

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Simon E replied to OldRidgeback | 4 years ago
2 likes

OldRidgeback wrote:

As a parent, I have a lot of sympathy for the victim's family.

As a fellow parent, I struggle to contain my emotions when reading stories like this, I find the unnecessary and brutal, violent death of anyone - but especially a child - deeply distressing.

I can't imagine the additional pain the family must go through and little chance of closure when they find out that this kind of crime is treated so casually and the punishment so inadequate.

Avatar
OldRidgeback replied to Simon E | 4 years ago
1 like

Simon E wrote:

OldRidgeback wrote:

As a parent, I have a lot of sympathy for the victim's family.

As a fellow parent, I struggle to contain my emotions when reading stories like this, I find the unnecessary and brutal, violent death of anyone - but especially a child - deeply distressing.

I can't imagine the additional pain the family must go through and little chance of closure when they find out that this kind of crime is treated so casually and the punishment so inadequate.

All of that buddy, all of that. You put it well.

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