Electric car which killed boy, 5, did not ‘move on its own’ despite drivers claim, court hears

Cab driver Ashenafei Demissie claimed his car "moved of its own accord" before the tragedy

Undated family handout photo of five-year-old Fareed Amir. Picture: Handout

By Alex Storey

A driver's claim that his electric vehicle moved on its own before striking and killing a five-year-old boy has been rejected by a court. Loading audio...

Ashenafei Demissie's Volkswagen ID.4 had been parked outside his London flat when it moved forward and struck and killed Fareed Amir, and injured his own 12-year-old son, who had been playing outside.

Demissie, 53, claimed that he did not press the accelerator and the car "moved of its own accord."

However, a trial at the Old Bailey heard on Wednesday that there was no evidence of a fault, and that it was a case of "pedal misapplication."

Fareed Amir. Picture: Handout

Fareed was killed after he was struck by the vehicle in November 2022 in Borough, south London, after Demissie had bought the children some sweets.

Jurors were told the VW had shot forward, hit the two boys, and crashed into five other cars in Newcomen Street, Southwark before coming to a stop.

Fareed's mother carried him to a nearby hospital, where he was later declared dead from traumatic injuries including a fractured skull.

Demissie is standing trial accused of causing the death of Fareed, and seriously injuring his own 12-year-old son.

Metropolitan Police traffic collision investigator Mark Still outlined his conclusions following an examination of the Volkswagen on Wednesday.

He told jurors: "I was unable to find any defect that contributed to the collision and I was unable to make the car accelerate without the driver driving.

"I found no faults with the operation of the vehicle, including steering, brake and acceleration. I was unable to make the vehicle move without any additional input.

"You had to make an action to make the vehicle move."

Prosecutor Michael Williams asked: "Were you able to find anything that caused the car to move forward without you doing anything physically to the car?"

Mr Still replied: "No."

Ashenafei Demissie, 53, is standing trial at the Old Bailey. Picture: Alamy[3]

The officer described a "phenomenon" relating to a number of previous collisions in which drivers had claimed their vehicles had accelerated when they believed they had been braking.

He said: "They have put their foot on the wrong pedal.

The result of that is the car will start moving. Because the driver thinks they have their foot on the brake, they will likely press harder to make it stop. It spirals out of control."

The witness said that he had concluded the collision was a "case of pedal misapplication," adding: "The fault alleged could not be replicated.

"Input by the driver was the only way I could make the car move.

No faults were identified on the car that would make it move."

Under cross-examination, the officer agreed that he was not a computer expert or software engineer.

Stephen Knight, defending, said: "You have no way to test the software, do you?"

Mr Still agreed but said he had considered whether there could have been a mechanical failure, which would include an electrical fault.

In a police interview read in court, cab driver Demissie said that he returned home after picked up his younger son from school.

When he drove into the car park outside his home, Fareed, his mother Rosa, and the defendant's older boy stood around his car.

He said: "I had bought some sweets for the children and offered Fareed one. Rosa said not to give it to him.

"Suddenly the car jumped. I believe the car jumped because Fareed triggered the sensor.

I had never had any mechanical problems with the car before.

"Just like a moment of madness. I don't know what happened exactly. I tried to brake.

It was like too late.

It was just like a moment, second, whoosh and jump.

"I don't know what happened.

My wife just ran and said 'what happened'."

The defendant said that his wife had tried to help their son before he told her to go to Fareed.

As he covered his 12-year-old son so he would not see his injury, the boy told him: "Daddy hurts, daddy hurts, broken, daddy hurts.'

Giving evidence in court, Demissie broke down in tears as he told jurors he had been feeling "happy" before the tragedy.

Before the accident, he told jurors that Fareed had seemed "excited" and had called him "uncle Ash."

Demissie denies the charges against him and the trial continues.

References

1. ^ Alleged Channel small boat pilot tells court he 'was forced to do so' (www.lbc.co.uk)
2. ^ Two prisoners who absconded from HMP Leyhill on New Year's day arrested (www.lbc.co.uk)
3. ^ Alamy (www.alamy.com)