Family of Glasgow woman killed after driver fell asleep at wheel in Dumfries and Galloway call for longer jail term
THE FAMILY of a woman who was killed by a courier driver who fell asleep at the wheel have called on prosecutors to appeal his two year jail sentence
Last updated 20th Feb 2017
THE FAMILY of a woman who was killed by a courier driver who fell asleep at the wheel have called on prosecutors to appeal his two year jail sentence
The Kousar family want the Lord Advocate James Wolffe QC to see 60-year-old Stephen Clarke serve longer in prison
The motorist, of Wednesbury, West Midlands, was jailed at the High Court in Edinburgh on Monday for his role in the December 2014 death of Farzana Kousar on the M74 motorway near Lockerbie.
He had travelled more than 200 miles before ploughing 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.
On Monday, judge Lord Boyd jailed Clarke after defence advocate Matt Jackson told the court that his client was sorry for what he had done.
Lord Boyd also ordered Clarke, who pleaded guilty last December to causing death by dangerous driving, to be disqualified from driving for four years.
The judge said that he was following sentencing guidelines and that if Clarke had pleaded not guilty and gone to trial, he would have been given a three year sentence following conviction.
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-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 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.
However, the Kousar family, of Glasgow, objected to the sentence. In a statement given to the press following the hearing, they spoke of their anger at the "lenient decision".
The statement 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."