The driver of a car that crashed into a school, killing two eight-year-old girls, will face no criminal charges after it was found she had suffered an epileptic seizure behind the wheel.
Nuria Sajjad and Selena Lau died and several others were injured when the 4×4 crashed through a fence and collided with a building in Wimbledon, southwest London.
The driver of the car, which hit the Study Prep School on 6 July last year, expressed her “deepest sorrow” and said she had no recollection of what took place after losing consciousness when she an epileptic seizure at the wheel.
Claire Freemantle said: “Since I became aware of the terrible event that took place on 6 July, the devastating consequences for all those affected have not left my thoughts and will be with me for the rest of my life.
“I have since been diagnosed as having suffered an epileptic seizure with loss of consciousness. This was not a pre-existing condition. As a result of losing consciousness, I have no recollection of what took place.”
She told the PA news agency: “I can only express my deepest sorrow for the families who have suffered such dreadful loss and injury.
“As a mother, I understand there can be no words that adequately express the pain and loss resulting from what happened in those horrendous moments while I was unconscious.
“My heartfelt sympathy goes out to all of the children and families affected, and especially to the parents of Nuria Sajjad and Selena Lau.”
But the girls’ families cast doubt on the thoroughnesss of the investigation.
“We remain unconvinced that the Crown Prosecution Service have reached a decision based on all the facts. Justice has neither been done, nor has been seen to be done today,” they said in a joint statement.
“Nuria and Selena deserved better.”
The Crown Prosecution Service confirmed that the driver had no previous diagnosis, and had not had a seizure before.
Chief crown prosecutor Jaswant Narwal said: “Because there is nothing to suggest the driver could have done anything to predict or prevent this tragedy, it is not in the public interest to pursue a criminal prosecution.
“In reaching this decision we have considered the driver’s full medical records, obtained by police, and received evidence from neurological specialists, who agreed that the driver had a seizure and that this was the first such medical episode she had experienced.”
He said the CPS had met the bereaved families several times to ensure they were kept informed of the case progress and to fully explain the decision.
“Our thoughts remain with them today, as well as with the other injured victims and the wider school community upon whom this tragic incident has had a profound impact,” Mr Narwal said.
However, Trevor Sterling, a lawyer for the families, said of the decision: “This is disappointing; justice must not only be done, but seen to be done.
“In the absence of a process, how do we interrogate the evidence? What does this message send to the public that deaths can arise in a road traffic situation, and there could be no sanction because there is no process to interrogate the evidence?
“The next focus will be on the inquest, and there will be a deep and thorough review of the evidence, which will be examined by a jury if necessary.”
Ms Freemantle’s solicitor, Mark Jones, said: “This is one of the most tragic cases I have dealt with. Our hearts go out to the families involved who have suffered unutterable loss and dreadful injury.
“Although she was at the wheel when this shocking accident happened, she was in no sense in control of the vehicle. This incident was through absolutely no fault of her own.”
Detective Chief Superintendent Clair Kelland, in charge of policing for southwest London, said: “This was a deeply tragic incident, the circumstances of which caused widespread shock and sadness.
“The families of Nuria and Selena – who we know are greatly loved and missed – are always in our thoughts, but particularly so in the light of this development.
“Throughout the course of this investigation they have been supported by dedicated family liaison officers. Those officers were present earlier today when the outcome was relayed to the families by the CPS (Crown Prosecution Service), and they will continue to support them in any way they can going forward.
“I previously met with both families and have offered to meet them again should they have unanswered questions about the investigation following this outcome.
“Following a lengthy, detailed and complex investigation, a file of evidential material was passed to the CPS for them to consider whether charges were appropriate.
“Having carefully examined all of the information received, they have now confirmed the driver will not face charges.”
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