Driver cleared over five-year-old’s death after electric car ‘moved on its own’
The driver of an electric car has been found not guilty of causing the death of a 5-year-old boy after claiming the car “leapted” forward on its own, hitting the boy and injuring his 12-year-old son.
On November 25, 2022, minicab driver Ashenafei Demissie, 53, suddenly accelerated while behind the wheel of a Volkswagen ID.4, killing Fareed Amir and seriously injuring his son.
During the week-long trial at the Old Bailey, the prosecution’s crash expert told the court the collision occurred when Demissie accidentally stepped on the accelerator pedal.
However, Demissie pointed out a possible software error, claiming that the vehicle was moving on its own.
After five hours of deliberation, the jury found him not guilty of causing death and serious injury by reckless driving.
Jurors were not informed that following the announcement of the case, nearly a dozen electric vehicle owners contacted legal teams to express concerns about their own cars, including several who used the same model as Demissie.
The court previously heard Demissie picked up her young son from school on the afternoon of November 25. He parked his rented Volkswagen ID.4 in the car park outside his home in Borough, south London, and waited for a space to open up.
Two children were playing nearby and Demissie had offered Fareed a lollipop when the vehicle suddenly moved forward and hit them before crashing into five parked cars.
Fareed later died from his injuries, and Demissie’s son suffered multiple fractures to his lower legs. The mother of both children witnessed the accident.
In a police interview, Demissie said: “All of a sudden the car jumped. I think the car jumped because Fareed triggered the sensor. I’ve never had any mechanical problems with the car before.”
Speaking about the incident, Demissie said, “It was just like a moment of madness. I don’t know exactly what happened. I tried to brake. It was like it was too late. It was like a moment, a second, a whistle and a jump.”
She told police officers, “Daddy it hurts, it hurts daddy, it’s broken, it hurts daddy,” as she covered her son so he couldn’t see his wound, PA reported.
Testifying in court, Demissie told jurors that Fareed’s death was a “never-ending pain.”
Defense barrister Stephen Knight asked: “Did you step on the gas to cause this collision?”
Demissie replied: “Never. I didn’t touch it.”
The Metropolitan Police traffic collision investigator told the court he believed the incident was caused by the defendant’s “misapplication of the pedal” and found no evidence of a technical fault with the vehicle.
Mark Still said: “I could not find any fault that contributed to the collision and I was unable to get the car to accelerate without the driver present.
“I did not find any faults in the operation of the vehicle, including steering, braking and acceleration. I was unable to move the vehicle without any additional input. You had to take an action to move the vehicle.”
Mr Still added that he could not find anything that caused the car to move forward without the driver having to do anything physically.
However, during cross-examination, he said that he was neither a computer expert nor a software engineer.
Following the verdict, Judge Alexia Durran KC thanked Fareed’s family for the “respect” they showed throughout the hearing.
Independent Contacted VW for comment.
