Australian court will not jail mother after daughter dies in crash — ABC News Australia

In Australia, a judge of the District Court of South Australia said she would not impose a prison sentence on 43-year-old Zubeda Habonimana, whose six-year-old daughter Benita Ntihebuwayo died after a traffic accident in an Adelaide suburb. As ABC News reports, the woman’s final sentence is due to be announced in November.

Crash at an intersection

The crash occurred on 5 October last year at the intersection of King Road and Penfield Road in Virginia, north of Adelaide. Habonimana was driving a white minivan and failed to give way at the intersection, causing the vehicle to collide with a pickup truck.

Her daughter sustained serious injuries and died five days after the crash. Two of the woman’s other children and the pickup driver were also injured. Habonimana had previously pleaded guilty to one count of causing death and three counts of causing harm by dangerous driving.

Her lawyer, Andrew Ey, told the court that on the way to church, the woman missed her usual turn, tried to return to the route and became disoriented as a result.

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Positions of those affected

The deceased girl’s father, Jason Birgirmana, asked that his former partner not be jailed. According to him, their other children, who are grieving the loss of their sister, need their mother’s love, care, guidance and support.

The pickup driver, Jason Pateman, said he suffered a severe concussion in the crash and is still dealing with its consequences. His four-year-old daughter was also in the vehicle: she sustained no physical injuries, but the crash had a significant impact on her psychological state. Pateman said he could not forgive Habonimana, but did not want her family to suffer further and did not want her to be imprisoned.

Prosecutor Marie Rocca said a prison term was the appropriate penalty, but did not object to such a sentence being suspended. Judge Joanna Fuller told the defendant that she would not separate her from her children by sending her to prison.