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| Version 2 | Version 3 |
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| Kenyans in Perth upset after lawyer says girl was as good as ‘invisible’ | Kenyans in Perth upset after lawyer says girl was as good as ‘invisible’ |
| (about 17 hours later) | |
| Driver avoids jail after hitting 19-year-old student nurse, but is found guilty of failing to report the crash | |
| Australian Associated Press | |
| Fri 16 Jun 2017 08.55 BST | |
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| Kenyan people in Perth have expressed dismay after the lawyer for a driver who hit a 19-year-old student nurse, leaving her seriously injured, said she was as good as “invisible” and the driver avoided jail. | Kenyan people in Perth have expressed dismay after the lawyer for a driver who hit a 19-year-old student nurse, leaving her seriously injured, said she was as good as “invisible” and the driver avoided jail. |
| Sophia Muiruri was a newcomer to Australia and was crossing against a red pedestrian signal at a Subiaco intersection when she was struck by David Clarke’s Mercedes-Benz on the night of 16 September 2015. | Sophia Muiruri was a newcomer to Australia and was crossing against a red pedestrian signal at a Subiaco intersection when she was struck by David Clarke’s Mercedes-Benz on the night of 16 September 2015. |
| The impact sent her airborne into a pole and left her with serious injuries, including skull and spinal fractures, and bruised lungs. | The impact sent her airborne into a pole and left her with serious injuries, including skull and spinal fractures, and bruised lungs. |
| Clarke, 28, noticed his car was dented when he parked at home but said he didn’t realise he had hit Miururi until he saw flashing lights from his penthouse apartment, which overlooked the intersection. | Clarke, 28, noticed his car was dented when he parked at home but said he didn’t realise he had hit Miururi until he saw flashing lights from his penthouse apartment, which overlooked the intersection. |
| On Friday, the insurance broker was found guilty of failing to report the crash but was acquitted of failing to provide assistance to the victim. | On Friday, the insurance broker was found guilty of failing to report the crash but was acquitted of failing to provide assistance to the victim. |
| During the trial in the Western Australia district court, the defence lawyer Vesna Amidzic told the jury Muiruri was wearing dark clothing, and had dark skin and black hair, which made her hard to see. | During the trial in the Western Australia district court, the defence lawyer Vesna Amidzic told the jury Muiruri was wearing dark clothing, and had dark skin and black hair, which made her hard to see. |
| “She may as well have been invisible,” she said. | “She may as well have been invisible,” she said. |
| Outside court after the sentencing, Casty Nyaga, representing the Kenyan Community of WA, told reporters the Kenyan High Commission in Canberra had written a letter voicing concern and expressing disappointment at Amidzic’s comments. | Outside court after the sentencing, Casty Nyaga, representing the Kenyan Community of WA, told reporters the Kenyan High Commission in Canberra had written a letter voicing concern and expressing disappointment at Amidzic’s comments. |
| “The statement has had both psychological and emotional effects to the community, the family and the victim,” Isaiya Kabira said in the letter. | “The statement has had both psychological and emotional effects to the community, the family and the victim,” Isaiya Kabira said in the letter. |
| “No child or human being deserves to be referred to as invisible.” | “No child or human being deserves to be referred to as invisible.” |
| Amidzic rejected the suggestion she had been insensitive, saying her comment was an important point about Muiruri’s visibility. | Amidzic rejected the suggestion she had been insensitive, saying her comment was an important point about Muiruri’s visibility. |
| “My client has absolute sympathy for her position,” the lawyer said. “This is a completely tragic accident and the comment ... was in the context of someone with dark skin, at night, crossing against the pedestrian lights at a dark intersection. | “My client has absolute sympathy for her position,” the lawyer said. “This is a completely tragic accident and the comment ... was in the context of someone with dark skin, at night, crossing against the pedestrian lights at a dark intersection. |
| “It’s not racial vilification. I thought it was common sense – it’s about visibility.” | “It’s not racial vilification. I thought it was common sense – it’s about visibility.” |
| Clarke was fined $10,000 and disqualified from driving for 12 months. | Clarke was fined $10,000 and disqualified from driving for 12 months. |
| Judge Philip Eaton accepted that Clarke was remorseful, which he had expressed to the victim in a letter. | Judge Philip Eaton accepted that Clarke was remorseful, which he had expressed to the victim in a letter. |
| The judge told him he was lucky other drivers had seen the accident and flagged down a passing ambulance because if the girl had been left unattended for some time, the outcome might have been grave. | The judge told him he was lucky other drivers had seen the accident and flagged down a passing ambulance because if the girl had been left unattended for some time, the outcome might have been grave. |
| Perth | |
| Western Australia | |
| Kenya | |
| Australian law | |
| Australian police and policing | |
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