Magistrate Vincenzo Caltabiano was at pains to tell Jack’s family the sentence was no reflection on the measure of the boy’s life. Instead, he said, it was a reflection of legislative confinement – the maximum penalty for the offence is a $2400 fine.
“This is a tragic case, it’s a sad case, a case where little that I say or do will overcome the effect of what happened on the 29th of October 2024.
Jack Davey, 11, died when a car ploughed into Auburn South Primary last October.Credit: Instagram
“Shaymaa Zuhaira, you pleaded guilty to careless driving, an offence committed where a person fails to exercise a degree of care or attention that a responsible, prudent driver would exercise in the circumstances,” he said.
“It’s a charge where the maximum penalty is a fine … of approximately $2400.
“The sentence I impose today is no way comparable to Jack’s life, nor does it make up for the harm and loss suffered by others.”
Caltabiano said that Zuhaira, an Iraqi immigrant who originally came to Australia as a refugee, was called to Auburn South Primary School on the day to meet with the principal, parking her Toyota RAV4 across the road.
After several hours, she returned to the car. Then, for reasons that remain unclear, she careered across the west-bound lane, crossing over the raised median strip and east-bound lane, then mounting a kerb before going through the school fence and crashing into five children.
No faults were found with the car.
Caltabiano said the best explanation appeared to be that the driver hit the accelerator instead of the brake.
The magistrate paused briefly to compose himself before recalling Jack’s parents telling the court their boy was a clever, loving, affectionate child, who was friends with everyone.
Shaymaa Oun Ghazi Zuhaira leaving the Melbourne Magistrates’ Court with her husband.Credit: Penny Stephens
He also addressed Jack’s best friend, Jonas, who witnessed the crash and earlier told the court he mourns the loss and blames himself.
“I say to you, Jonas, if he is listening, you have nothing to blame yourself for.
“To Mr and Mrs Davey, I hope with time your grief diminishes, and you are able to continue to remember the good times you had with Jack.”
Caltabiano said he also did not accept Zuhaira’s account to a psychologist that she left the meeting with the principal mentally incapacitated after her PTSD was triggered.
The magistrate said this was inconsistent with the statements of school staff and the accounts she gave police.
He convicted Zuhaira and fined her $2000. He also ordered the disqualification of her licence for two years and for her to complete a safer driving program.
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Outside court, Michael Davey said he welcomed a discussion with legislators to bring Victorian road laws in line with other states, namely recognition of the serious injury and death children were exposed to due to the carelessness of his son’s killer.
“We also call for a review of licensing laws and how they properly assess and govern the provision of licences to people over the age of 25,” he said.
“We [also] want to acknowledge the bravery of the other families affected, especially the children, as they continue to work towards their recovery.”