Shepparton’s Abdul Faizi pleads to careless driving after fatal crash
A Shepparton grandfather has pleaded guilty to careless driving leading up to a car crash which killed a passenger he considered to be “like a brother”.
Goulburn Valley
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A Shepparton motorist who did not see a curve in a country road near Euroa until it was “too late” resulting in a crash that killed his passenger, has avoided jail
Abdul Fatah Faizi, 52 fronted the Shepparton Magistrates’ Court on Wednesday to plead guilty to careless driving after his ute ran off the Euroa-Mansfield Rd and down an embankment about 10.20pm on July 9, 2023.
Passenger Eid Mohammad Enam Khail, 59, died after being flown to Melbourne in a critical condition.
The court heard the conditions were foggy and rainy so “visibility was poor” and while Faizi was travelling 95km/h in the 100km/h zone, the advisory speed limit was 60km/h.
Defence lawyer Amie Hancock said Faizi suffered emotional and physical injuries including a fractured vertebrae, chronic pain and symptoms of PTSD.
She said Faizi and Mr Khail were lifelong friends and “like brothers” so he was devastated by the outcome of the crash.
The court heard references referred to Faizi’s “exceptional” character and he was someone who was committed to his family and his community.
Faizi offered to plead guilty to careless driving in December but the offer was refused and it proceeded to a committal in April before resolving to the one charge after the two-day hearing.
Magistrate Olivia Trumble said it was a difficult matter to sentence because someone had died but as the charge was careless driving Faizi could not be sentenced on his friend’s death.
“I have no doubt you were driving in a way you thought was appropriate for the conditions … there’s no suggestion you saw (the bend) until the last second when it was too late,” she said.
“The ripple effect of motor vehicle accidents whether or not they result in a death are often very wide reaching because it affects other occupants of the car, first responders, people in your community and it’s a very heavy burden you now have to carry for the rest of your life.”
Ms Trumble said the penalty had already been dealt to Faizi through the emotional burden of losing a friend and the toll of the court proceedings.