Youth detention for driver who left teenager paralysed and unresponsive

Monday 17 August 2015

An uninsured driver who left a young musician and surfer completely paralysed and unresponsive after slamming into his car at around 70 mph has been sentenced to a year in youth detention.

Wayne Rafael De Freitas De Lima (19) was driving a high-performance Ford Focus along the Five Mile Road at 1.30 am on 5 October last year.

Olly Newman (now 20) was pulling out of the Le Port car park to turn towards Le Braye when De Lima, who was driving northwards, hit him from the side.

Accident investigators estimate that De Lima was travelling between 78 and 84 mph before braking to between 63 and 69 mph when he hit Mr Newman’s car on the driver’s side.

Mr Newman remains in a UK hospital. He is tetraplegic (total loss of use of all limbs and torso) and minimally conscious, which means that his eyes are open but there is no evidence of awareness or understanding of his surroundings. His mother was told by his neurologist to grieve for the loss of her son, as if he had died last October.

On Friday, the Royal Court heard that De Lima, who was 18 at the time of the crash, was a motoring enthusiast who had bought the £19,000 car in July 2014 but was then refused insurance cover until he was at least 19. He kept it on the drive of his mother’s house in Queen’s Road but could not resist the temptation to take it for a drive with a friend on 4 October.

In calling for nine months of youth detention, Crown Advocate David Hopwood said: “This case leaves one with an abiding and pervasive sense of tragedy. The effect of this offending on the young Mr Newman and his family is scarcely imaginable […] If there is anything to be gained from this dreadful case it is the lesson that driving at twice the speed limit in this small Island is never a safe thing to do.”

Defending De Lima, Advocate Jane Grace said he was extremely remorseful and “haunted” by the crash. “He genuinely did not think that he was travelling at that speed,” she said.

In passing sentence, the Bailiff, William Bailhache, said that the Court had to send De Lima to youth detention despite his age, regret and guilty plea. He also banned De Lima from driving for three years.

A police spokesperson said, "The consequences of this incident will be long lasting and we cannot stress enough, the importance of road safety and adherence to the law. Reckless behaviour on the roads is not something to be taken lightly and very often results in tragic situations, as is the case here."

Friends of Mr Newman are raising money to support the former De La Salle student through his extensive rehabilitation. A music festival called Peas and Glove – named after one of Mr Newman’s popular sayings “peace and love” – was held in May and more fundraising events are planned.