THE family of a schoolgirl who suffered devastating brain injuries when she was hit by a car crossing the road say they will campaign to change the law after the driver was banned for four years.
Amin Aminullah, from South Croydon, drove straight through a red light at a pedestrian crossing on Selsdon Park Road on New Year's Day, hitting 17-year-old schoolgirl Miriam Parker as she crossed the road.
Miriam's family were initially told by surgeons it was unlikely she would survive, but she battled through three operations and is due to finally return home on Monday, after having learnt to talk, walk and eat again.
The promising Archbishop Tenison's student, now 18, was due to go to university this year to study nursing, and even received acceptance letters while she was in intensive care at St. George's Hospital in Tooting.
Aminullah, a chef who lives in South Croydon, was banned from driving for four years and fined £1,400 by District Judge Peter Greenfield at Croydon Magistrates this morning (Tuesday) after he earlier admitted the charge of careless driving.
Prosecutor Eka Ike told the court the Crown Prosecution Service had considered a more serious charge of dangerous driving, but decided there was not a realistic prospect of conviction.
She also read statements from Miriam's mother Davina and sisters Loren and Kirsty, detailing the trauma they had suffered as a result of the collision and the impact it had had on their family.
Kirsty described it as "the most horrific experience of my life".
A song written by Miriam since the accident about her experiences was also read aloud to the court.
Though he pleaded guilty to the charge of careless driving, Aminullah maintained the light was green before he hit Miriam shortly before 9pm.
A letter was read to the court on his behalf, in which he said: "I feel sad about that person and her injuries and as a good human being and as a family guy I understand how painful it is and pray for her recovery."
Admitting he could only sentence Aminullah, 41, for the charge to which he had pleaded guilty, Judge Greenfield said he found it difficult to reconcile Aminullah's remorse, with the fact he contested whether the light was red, as he was shifting part of the blame to Miriam.
He said: "You went across the crossing on a red light when you should have stopped. It seems to me it's not far off dangerous driving."
Speaking after the proceedings Miriam's mother Davina, was pleased Aminullah had been banned, but said there was a gap in the law.
"I'm pleased that he's got a ban, but disappointed that he wasn't up for dangerous driving and having heard the judge, I think he was actually disappointed that it wasn't a dangerous driving offence.
"We're still aiming to campaign for a change in the law."
Davina added that she believes Miriam will need care for the rest of her life.
Miriam is due to return to her family home in Carshalton on Monday, but the family will have to move as the house is not suitable for her.
Acting Detective Inspector Mick Woollard, from the Serious Collision Investigation Unit at Catford, said: "On 1 January, 2014, the standard of driving by Mr Aminullah fell below that of a competent and careful driver leading to a collision causing terrible injuries to the victim. The consequences of the collision have been emphasised to the court.
"There is an unfortunate gap in the law that does not allow a charge of causing serious injury by careless driving, which would have been more appropriate in this case."
