Families' call for justice as driver who ploughed into school garden party killing two girls will face no charges

26 June 2024, 17:27 | Updated: 26 June 2024, 18:56

The families of two girls who were killed in the crash have called for justice.
The families of two girls who were killed in the crash have called for justice. Picture: Alamy/Handout

By Jenny Medlicott

The families of two girls who were killed after a driver ploughed into the playground of a London school have called for justice after it was announced the motorist will face no charges.

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Claire Freemantle crashed her Land Rover Defender into an end-of-year tea party at The Study girls’ school in Wimbledon in July last year. She was arrested and bailed on suspicion of causing death by dangerous driving.

The Crown Prosecution Service said on Wednesday that the driver will face no criminal charges after medical experts ruled she suffered an epileptic seizure at the wheel.

She expressed her "deepest sorrow" and said she had "no recollection of what took place" after losing consciousness because of an epileptic seizure at the wheel.

But now the families of the eight-year-old schoolgirls Nuria Sajjad and Selena Lau have called for justice after the CPS announced it was not pursuing criminal charges.

The parents said “justice has neither been done, nor has been seen to be done today”.

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Selena Lau (left) and Nuria Sajjad (right).
Selena Lau (left) and Nuria Sajjad (right). Picture: Handout

Sajjad Butt, Smera Chohan, Franky Lau and Jessie Deng, the parents of Nuria and Selena, said their children had been in one of “the safest space”.

After the decision, they “remain unconvinced that the investigation has been conducted thoroughly”, adding that “Nuria and Selena deserved better”.

A joint statement released by the parents read: “All the victims of the events of July 6 2023 did nothing wrong. We were all in the safest place we could have been outside our own homes. We were celebrating a day filled with joy.

“Nuria and Selena's lives were taken in a moment. So many lives were also irreparably shattered in that moment. Hundreds of people - parents, teachers, children, neighbours, friends and family members - will never lead 'normal' lives again. Some of us will never experience joy again.

“We have tried to keep faith in the systems and institutions that are supposed to protect victims and deliver justice to those affected. We have been disappointed by this system. We have already expressed, publicly, our dissatisfaction with the pace of the investigative process.

“It is now clear to us that the depth of the process is questionable too. In the absence of any concrete evidence to the contrary, we can only surmise that the investigation has been equally poor.”

The car ploughed into the school last July.
The car ploughed into the school last July. Picture: Alamy

The CPS said the driver had no prior diagnosis of a medical condition and had never had a seizure before.

In a statement to the PA news agency, Ms Freemantle said: "Since I became aware of the terrible event that took place on July 6, 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.

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"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."

Jaswant Narwal, Chief Crown Prosecutor with oversight of the Crown Prosecution Service London Homicide Unit, said: "The death of a child is an unthinkable tragedy for any parent. On behalf of the Crown Prosecution Service, I extend my sincere and heartfelt condolences to both bereaved families who have suffered the devastating loss of their children, Nuria and Selena.

Nuria Sajjad, 8, was killed in the crash
Nuria Sajjad, 8, was killed in the crash. Picture: Alamy

"We have carefully considered this complex and sensitive case, taking into consideration all the material gathered as part of the lengthy and detailed police investigation.

"The driver of the vehicle had an epileptic seizure behind the wheel, which caused her to lose control of the vehicle which then drove into the school. There is no evidence the driver had ever suffered a similar seizure before and she had no previously diagnosed medical condition.

"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.

Mr Narwal continued: "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.

"Throughout this process we have met with the bereaved families on several occasions, to ensure they are kept informed of the case progress and to fully explain the decision we have made.

"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."

It is understood the driver has surrendered her licence and cannot reapply to the Driver and Vehicle Licensing Agency until she has been free of any seizures for a year.

Floral tributes left outside The Study Prep School where the crash occurred.
Floral tributes left outside The Study Prep School where the crash occurred. Picture: Alamy

Detective Chief Superintendent Clair Kelland, in charge of policing for south west 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 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."

Nuria Sajjad and fellow eight-year-old pupil Selena Lau died after the crash at The Study Prep school in Wimbledon, south-west London, on July 6 last year.

Several others were injured when the 4x4 crashed through a fence and collided with a building.

Trevor Sterling, lawyer for the families, said: "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."

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