Shamsia Hussaini sentenced for killing motorbike rider Joe Fraser at Lidcombe
A distraught P-plater who struck a motorbike rider was hoping to escape a conviction for the fatality- but has been reminded that the trauma endured by the victim’s family was worse than hers.
NSW
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A 19-year-old woman who failed to wait for a green arrow before turning at a busy Lidcombe intersection did not know she struck Joe Fraser, despite him wearing a yellow helmet and riding a green bike, a court has heard.
Shasmia Hussaini, of Guildford West, attended Burwood Local Court for sentencing on Thursday after pleading guilty to negligent driving causing death at the intersection of Parramatta Rd and Nyrang St on Saturday May 1 shortly before 3pm.
Mr Fraser, whose similar looks to the rapper affectionately earned him the nickname Snoop Dogg, was on his way to see a friend at Regents Park on the unregistered bike, while Hussaini was behind the wheel of her father’s Toyota Prado as she drove her mum and sister to Lidcombe Shopping Centre.
She was travelling east bound and believing the intersection was clear, she accelerated right on to Nyrang St, the court heard.
Mr Fraser, 26, was travelling west along Parramatta Rd when his front tyre collided with the 4WD’s bull bars — hurtling him 10m in the air and colliding with an electrical box.
“The force of this secondary impact pushed him further west along Parramatta Rd and back on to lane one westbound,’’ police facts tendered to the court state.’
It was then that Hussaini stopped her car and noticed she had struck the rider. Police, who were on the opposite side of Parramatta Rd for an unrelated matter, rushed to Mr Fraser’s aid before he was taken to Westmead Hospital, but he was pronounced dead at 3.58pm that day.
When Hussaini was taken to Auburn police station police said she had failed to provide a reasonable explanation as to why she did not see the incoming motorcycle.
“It is of the prosecution’s view that the deceased was wearing a bright white and yellow helmet and riding a fluoro green motorcycle,’’ the facts state.
“The deceased should have been rather visible to all road users.’’
In an usual practise for a defendant who has pleaded guilty and not before a trial, the unemployed Hussaini took an oath and gave brief evidence.
“I collided with something and at the time I didn’t know what it was,’’ she said.
Magistrate Daniel Reiss viewed “unclear’’ dashcam footage but was baffled that Hussaini failed to see the victim.
“It’s a bit strange that at no stage he came into your vision but I do understand in the lead up it could be circumstances, … most motorcycles are harder to see than other cars,’’ he said.
The softly-spoken teen told the court the “very devastating” impact the collision had on her.
“I don’t eat at times, ’’ she said.
Magistrate Reiss told Hussaini the “consequences have been traumatic all around” but more attention should have been given to the victim’s loved ones.
“You were focused upon the impact of yourself which is understandable — they were significant ones — but one would have hoped to hear about the impact of others,’’ he said.
He noted that a Hazaras cultural group recognised the grief Mr Fraser’s family and friends in a letter written as a reference for Hussaini.
Her lawyer Paul Glissan requested a non conviction but she was convicted, sentenced to a 12-month community correction order, fined $1000 and disqualified from driving for 18 months.
After the sentencing, Mr Fraser’s father Tim said he was still struggling to cope with the loss of his only child, a concreter who loved OzTag, music, rapping, fishing and fixing cars.
“A lot of people think ‘don’t you hate her?’,’’ he said.
“She’s in a world of hurt but I’m in a world of hurt more than her because she’s alive and my son’s not.’’
“I feel sorry for her, she’s traumatised but she’s got to understand she’s done the wrong thing.
“My mind’s constantly thinking about Joe. We got 26 good years with him — 26 years, one month and one day.
“I live with his memory always in my heart and know his spirit’s alive and we’re staying strong. The good ones go early.’’
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