Two years for death crash van driver who fell asleep
A VAN driver who fell asleep at the wheel and killed a woman in a car on the hard shoulder was jailed for two years yesterday.
Stephen Clarke, 60, caused the 2014 death of Farzana Kousar on the M74 near Lockerbie, Dumfriesshire.
He had driven more than 200 miles before ploughing into the Toyota .
Clarke was asleep at the wheel of his Mercedes Sprinter van, which drifted across the carriageway and killed 39-year-old Miss Kousar.
She repeatedly said, ‘I’m dying,’ while lying fatally injured.
At the High Court in Edinburgh yesterday, Judge Lord Boyd jailed Clarke, who pleaded guilty last
‘We are angry and very frustrated’
December to causing death by dangerous driving. He also disqualified him from driving for four years.
The judge said that if Clarke, of Wednesbury, West Midlands, had not pleaded guilty, he would have been given a three-year prison sentence.
Lord Boyd added: ‘It is difficult to find words to describe the impact on Miss Kousar’s family and friends. I note that she has four children, ranging in ages from 21 years old to four years old. The youngest was only two years old at the time of her mother’s death.
‘I have read the victim statement prepared by Miss Kousar’s mother on behalf of the family. It makes heartbreaking reading. There is nothing I can do or say that can compensate them for their loss.
‘You are 60 years old. You are a first offender with a hitherto clean driving record.
‘You have also shown awareness of the impact of the accident on Miss Kousar’s family and offered your personal apology for taking her life. You have shown considerable remorse.
‘You have pleaded guilty at the earliest opportunity. You have thus acknowledged your guilt and avoided the necessity of a trial with all that might entail for the victim’s family.’
But the Kousar family, of Glasgow, objected to the sentence. In a statement, they spoke of their anger at the ‘lenient decision’.
The statement also said: ‘We don’t feel justice has been done here. We are angry and very frustrated by Lord Boyd’s decision. We would like the Crown to appeal this decision.
‘We feel that it gives people permission to fall asleep at the wheel of their vehicles; it sends the message that they won’t be properly punished for not taking care on the roads.
‘Mr Clarke will be out of jail soon enough. He’ll be able to go back to his family and enjoy their company. We will spend the rest of our lives grieving for the loss of our loved one.’
Earlier, advocate depute Bruce Erroch told the court Clarke had left Coventry at 1.20am on December 22, 2014.
He was on his way to Glasgow when he hit the car in which Miss Kousar had been a passenger at around 5.30am.
She had opened the door and was making her way out of the vehicle to check the engine, which had been overheating.
Paramedics pronounced Miss Kousar dead at 6.11am.
Clarke told those nearby: ‘Oh God, what have I done? Is she dead? I didn’t see the car.’
The court heard that when police interviewed Clarke, he was not able to tell them whether or not he had fallen asleep.