Ernst & Young: Ajay Agarwal avoids jail for hitting boy on Parramatta footpath

A reckless man struck a metal pole and a rock wall but continued driving until he ran over a child walking on a Parramatta footpath.

A financial adviser at a top firm tried to avoid a conviction so it wouldn’t harm his chances of securing Australian citizenship after he ran over a child on a Parramatta footpath.

A man who ran over an eight-year-old boy at Parramatta wanted to escape a conviction after the traumatic incident that left the child with severe injuries.

Ernst & Young financial adviser Ajay Agarwal ran over the boy as he was walking on the footpath with his mother on October 21 after he turned left on to Phillip St from George Khattar Lane about 3pm.

The court heard the 36-year-old continued to drive his Holden Cruze sedan on the road and footpath after his rear wheel clipped the raised kerb before ploughing into a sandstone rock wall and a metal sign.

But he continued driving until he trapped the child under the car, causing him to suffer punctured lungs, broken ribs and a bruised liver.

He was charged with actual grievous bodily harm by negligent act, causing bodily harm by misconduct while in charge of a motor vehicle and driving on a path but they were withdrawn before he pleaded guilty to negligent driving occasioning grievous bodily harm in March.

Ajay Agarwal’s poor driving inflicted a child with serious injuries.

Ajay Agarwal left a trail of destruction after turning left from George Khattar Lane into Phillip St.

On Wednesday, Parramatta Local Court heard The Ponds married father hoped to escape a conviction so it would not impede his chance of securing Australian citizenship.

His lawyer Will Tuckey said Agarwal had only driven briefly in Australia since moving from London and had no blemishes on his record in India or since gaining his P-plates in Australia in 2017.

“This is a man who’s never had a speeding ticket,’’ he said.

“It seems to be an … those kerbs can be difficult for a skilled driver.

“What I can say, your Honour, is this incident is a large wake-up call to Mr Agarwal.

“My client recognises he’s caused trauma to a child, he’s caused injury and frankly, it could have been worse.

“He was at the very scene of the incident, contrite, remorseful, assisted the child until the ambulance arrived.’’

The court heard Agarwal had undertaken counselling to treat his anxiety since the incident, wrote a letter of apology to the victim and was of good character, who “contributed to the business community’’.

But police prosecutor Nathan Kitchen told the court the offence warranted a conviction and Agarwal only had to use his brakes to avoid hitting the boy after he clipped the gutter.

“I would submit the trauma of the victim, the eight-year-old child, should be seriously considered by the court,’’ he said.

“Ultimately the law operates to protect pedestrians.’’

Magistrate Rodney Brender acknowledged Agarwal’s remorse but said he should have stopped driving after hitting the wall and street signs.

He told the court it was at the lower end of the grievous bodily harm offence but the injuries were not trivial.

He convicted Agarwal, fined him $1000 and banned him from driving for 12 months.

The court heard the victim, who was fighting for his life in Westmead Hospital’s intensive care unit, had recovered from the severe injuries and returned to school.

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