Fined $2000 for schoolboy’s death: Grieving dad’s fury as killer walks free

2 weeks ago 3

The father of an 11-year-old boy mowed down and killed when a driver careered through his primary school fence is calling for legislative change after his son’s killer walked free from court with a $2000 fine.

With red eyes, Michael Davey stood on the steps of the Melbourne Magistrates’ Court on Wednesday with his wife, Jayde, and said the lives and safety of other children were at stake without urgent change.

Michael and Jayde Davey leaving the Melbourne Magistrates’ Court on Wednesday.

“We love and miss our son Jack beyond measure. Regrettably, nothing we say will bring him back,” he said.

“This process has highlighted the inadequacies in the laws governing careless driving and absence of an appropriate charge for the type of driving that occurred in this case.

“Our children deserve greater protection and more just consequences than what they were afforded today as a result of the unbearable tragedy of October 29 last year.”

The court heard Jack Davey stood no chance when out-of-control driver Shaymaa Oun Ghazi Zuhaira, 41, careered through his primary school fence, hitting him and his friends as they gathered at a picnic table at Auburn South Primary School in Hawthorn East.

The car crashed through a fence in Hawthorn East in October 2024.

Jack died and four others were left with significant injuries, including burns, broken bones and a degloved hand.

On Wednesday, Zuhaira was handed a $2000 fine after being charged with a single count of careless driving.

Magistrate Vincenzo Caltabiano was at pains to tell Jack’s family the sentence was no reflection on the measure of the boy’s life. Instead, he said, it was a reflection of legislative confinement – the maximum penalty for the offence is a $2400 fine.

“This is a tragic case, it’s a sad case, a case where little that I say or do will overcome the effect of what happened on the 29th of October 2024.

Jack Davey, 11, died when a car ploughed into Auburn South Primary last October.

“Shaymaa Zuhaira, you pleaded guilty to careless driving, an offence committed where a person fails to exercise a degree of care or attention that a responsible, prudent driver would exercise in the circumstances,” he said.

“It’s a charge where the maximum penalty is a fine ... of approximately $2400.

“The sentence I impose today is no way comparable to Jack’s life, nor does it make up for the harm and loss suffered by others.”

Caltabiano said that Zuhaira, an Iraqi immigrant who originally came to Australia as a refugee, was called to Auburn South Primary School on the day to meet with the principal, parking her Toyota RAV4 across the road.

After several hours, she returned to the car. Then, for reasons that remain unclear, she careered across the west-bound lane, crossing over the raised median strip and east-bound lane, then mounting a kerb before going through the school fence and crashing into five children.

No faults were found with the car.

Caltabiano said the best explanation appeared to be that the driver hit the accelerator instead of the brake.

The magistrate paused briefly to compose himself before recalling Jack’s parents telling the court their boy was a clever, loving, affectionate child, who was friends with everyone.

Shaymaa Oun Ghazi Zuhaira leaving the Melbourne Magistrates’ Court with her husband.

He also addressed Jack’s best friend, Jonas, who witnessed the crash and earlier told the court he mourns the loss and blames himself.

“I say to you, Jonas, if he is listening, you have nothing to blame yourself for.

“To Mr and Mrs Davey, I hope with time your grief diminishes, and you are able to continue to remember the good times you had with Jack.”

Caltabiano said he also did not accept Zuhaira’s account to a psychologist that she left the meeting with the principal mentally incapacitated after her PTSD was triggered.

The magistrate said this was inconsistent with the statements of school staff and the accounts she gave police.

He convicted Zuhaira and fined her $2000. He also ordered the disqualification of her licence for two years and for her to complete a safer driving program.

Outside court, Michael Davey said he welcomed a discussion with legislators to bring Victorian road laws in line with other states, namely recognition of the serious injury and death children were exposed to due to the carelessness of his son’s killer.

“We also call for a review of licensing laws and how they properly assess and govern the provision of licences to people over the age of 25,” he said.

“We [also] want to acknowledge the bravery of the other families affected, especially the children, as they continue to work towards their recovery.”

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