The Scotsman

Family call for appeal on sentence of ‘killer driver’ who fell asleep

- By JAMES MULHOLLAND

The family of a woman killed by a courier driver who fell asleep while working have called on prosecutor­s to appeal against the man’s twoyear jail sentence.

The Kousar family want the Lord Advocate James Wolffe QC to seek the imposition of a longer jail term on Stephen Clarke.

Clarke, 60, of Wednesbury, West Midlands, was jailed at the High Court in Edinburgh yesterday for his role in the December 2014 death of Farzana Kousar from Glasgow on the M74 motorway near Lockerbie.

He had travelled more than 200 miles before crashing into a Toyota car which Farzana had been travelling in. The vehicle had stopped on the road’s hard shoulder.

He fell asleep at the wheel of his Mercedes Sprinter van which drifted across the carriagewa­ys and killed Farzana, who was 39 at the time of her death.

She repeatedly said “I’m dying” while lying injured on the busy roadside.

Lord Boyd jailed Clarke yesterday after defence advocate Matt Jackson told the court his client was sorry for what he had done.

The judge also ordered Clarke, who pleaded guilty last December to causing death by dangerous driving, to be disqualifi­ed from driving for four years.

Lord Boyd said: “It is difficult to find words to describe the impact on Ms Kousar’s family and friends.

“I note that she has four children ranging in ages from 21-years-old to four-yearsold. The youngest was only two-years-old at the time of her mother’s death.

“I have read the victim statement prepared by Ms Kousar’s mother on behalf of the family. It makes heart breaking 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 Ms 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.”

After sentencing, the Kousar family 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.”

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