Fury at death driver’s sentence

Michelle Hitchen who was left so devastated by the death of little Demi-Leigh she last year launched an arson attack on the home of the driver branded the sentence "a joke".

Now she has vowed to start a campaign to change the law and get tougher sentences for drivers who kill.

Earlier this year Mrs Hitchen was given a suspended jail sentence after setting fire to Ryan Frayne's home.

A judge said the death of her daughter had caused her to lose self control.

And yesterday following a trial at Blackburn Magistrates Court Frayne spoke of his sorrow and said he was glad it was all over.

Frayne, 20, of East Street, Feniscowles, pleaded not guilty to driving without due care attention but District Judge Peter Ward said his driving had "fallen below an acceptable standard".

Demi-Leigh, of Brookway, Livesey, who had celebrated her third birthday just 12 days earlier, died instantly when she was hit by the blue Ford Transit Connect van last July.

At the time the family paid tribute to a "perfect daughter and sister" who "could always bring a smile to you face" and "will never be forgotten by anyone."

Yesterday the court was told how she had been walking with her mother, Michelle, and eight-year-old brother Joshua, who was on a bike, to get chips from Chopsticks Takeaway when the accident happened near the Brown Cow Pub at the junction with Heys Lane.

Frayne was driving along Livesey Branch Road on his way to the JJB Soccerdome to use the gym, when he swerved right, across the central line and then left, on to the pavement, which was lower than the road.

The court heard that either one or both of his nearside wheels mounted the pavement, and one witness reported seeing sparks fly out from the chassis as it ground along the kerb.

Frayne, who had been driving about one year at the time, struck Demi-Leigh with the front near-side of the van as well as flattening a metal barrier before bringing the vehicle back onto the road.

He told the court he had swerved to avoid a boy on a bike, possibly Joshua, when he had oversteered going onto the wrong side of the road and lost control trying to straighten up, which was when he mounted the kerb.

The van, belonging to his boss, was found to have over -inflated front tyres, which can lead to loss of control if steering is too aggressive.

Mrs Hitchen told the court: "I was just walking and then out of nowhere this van came from the opposite side of the road.

"It seemed to skid along the kerb for quite a bit and then it hit Demi-Leigh and then the barrier.

"I fell to my knees. I screamed for help."

Sentencing, District Judge Ward said he wanted the family to remember he had only restricted powers when the charge was driving without due care and attention the maximum sentence is a £2,500 fine and 12 month ban.

He said: "This was a particularly tragic accident because of the effect it has had on various people.

"One cannot ignore the affect it has clearly had on Mrs Hitchen and the affect on Joshua seems very profound.

"It seems to me that the consequence of your lack of care is such that I have to impose a significant penalty."

He fined him £1,000 and disqualified him from driving for 12 months, meaning that Frayne is likely to lose his job. He also ordered him to pay £450 in costs.

Speaking outside the court Mrs Hitchen said she was "deeply disappointed" with the outcome.

She said: "What's a 12 months ban going to do? His life will be back to normal after 12 months but mine won't. It never will.

"This is not good enough. I still don't know the truth, the trial has not found out what happened.

"I still don't know why he came up the kerb that night.

"He didn't even seem too upset to me. He seemed more upset that he had lost his licence than anything else.

"I am starting a campaign to stop drivers like this getting away too easily.

"I will start with petitions and go as high as I can with this.

"This is not the end. It's just the beginning."