Fury as killer driver evades death charge
Reporter: COURT REPORTER
Date published: 22 July 2010
Hit-and-run motorist jailed for 18 months
The family of a teenager hit-and-run victim have criticised the justice system after the Royton driver who ploughed into him before falsifying an insurance claim to cover his tracks was not charged with causing his death.
Adam O’Toole (18) was killed over three years ago when Brett Kingsley crashed into him before driving away and evading capture.
But after 25-year-old Kingsley was jailed for perverting the course of justice, Adam’s family hit out at the fact he wasn’t facing more serious charges, despite an inquest into the death in July, 2008, recording a verdict of unlawful killing.
He could not be charged over causing the death of Adam as prosecutors couldn’t find enough evidence. He also did not face a charge of causing death by careless driving as that charge was not available then.
Kingsley of Cecil Street, instead admitted making a false insurance claim for repairs to his car, saying dents caused when he hit Adam were the result of criminal damage.
Kingsley claimed he panicked after hitting the college student on March 6, 2007, and drove away from the scene — not admitting his actions until this year, when a tip-off led police to his door.
Jailing Kingsley, who has no previous convictions, for 18 months yesterday, Judge Alistair McCallum told him he could not sentence him for causing Adam’s death, but perverting the course of justice was a serious charge.
He said: “Callously you didn’t even stop but made off immediately and thereafter began a series of lies that went on for a long time.”
Bradford Crown Court heard that Kingsley had been driving his mother’s Rover 200 in Huddersfield, when he struck Adam.
The sports student, of near-by Holmfirth, was taking a break from studying for his BTEC diploma when he was struck by the car as he crossed the road.
Mr Dave Mackay, prosecuting, said: “Witnesses say they saw Adam O’Toole being thrown into the air and on to the roof of a BMW.”
He then fell to the pavement, the collision caused fatal injuries and Adam sadly died at the scene.
“He (Kingsley) says that he just stepped out,” said Mr Mackay.
The court heard that Kingsley initially stopped and then drove away, returning home and telling his mum he had parked the car in a car park and that was how it got damaged. He repeated this claim to police and his insurance company.
Following an extensive appeal, police finally knocked at Kingsley’s door in February.
Asked directly by police, Kingsley “sat in silence and then started crying and shaking” before saying “It’s me, I panicked,” said Mr Mackay.
He added: “Due to his actions he has put the family through three years of, effectively, torment.”
Adam’s distraught mother Beverley, who clutched two photographs of her son throughout the hearing, held back tears as she watched Kingsley go down.
Christopher Tehrani, defending, said Kingsley was a young man at the time of the accident and had been deeply affected by it, dropping out of three university courses and carrying “his secret” for three years.
Kingsley was also given a four-year driving ban.
Today should have brought closure but we feel no peace
Speaking outside court, family friend Catherine Perry made a statement on behalf of Adam’s distraught parents Beverley and John, saying they struggled to understand the justice system.
She said: “Last Sunday should have been Adam’s 22nd birthday. There were no cards, no celebrations. Today should have brought us some closure but we feel no peace.
“For the driver to only face the charge of perverting the course of justice does not feel like justice for Adam, our son.”
