More on KentOnline
A driver who left a friend seriously disabled after he fell asleep at the wheel and crashed his car on a motorway has been spared jail.
After hearing about the devastating effect on both men, a judge imposed a 16-month suspended sentence, declaring: “This is a wholly exceptional case and I have dealt with it in a wholly exceptional way.”
Julian Govtepe had been “on the go” for about 22 hours, with only about an hour’s sleep, having travelled from his home in Paris with friends to attend a concert in London.
The French 23-year-old student dozed off in his Mercedes 250CE on the A2 near the Darenth Interchange and hurtled down a steep embankment. The car ended up on its side.
Maidstone Crown Court heard one of his passengers, Frank Osei-Mensah, 25, suffered “catastrophic” harm which left him a paraplegic confined to a wheelchair, while the others escaped with minor injuries.
Govtepe, from Montgeron, Paris, had set out with three friends at 7.30am UK time on May 13 last year to go to the One Africa Music Fest at the Wembley SSE Arena.
Prosecutor Trevor Wright said they drove to Calais and continued by train on Eurotunnel to Folkestone. Govtepe then drove to London.
The show started at 8pm and ended at midnight. They left Wembley at 12.30am and went to McDonald’s to eat. Two of the friends went to Piccadilly Circus while Govtepe slept in the car for about an hour.
They then headed back to Folkestone, intending to catch the 6.50am train to Calais.
But the car left the carriageway about 300 meters west of the M25 junction and careered down the embankment.
Mr Osei-Mensah, who was president of a music company and had recently passed a masters degree in computer engineering, was thrown out. He was airlifted to King’s College Hospital in London and treated for spinal injuries.
He underwent several operations before being “repatriated” back to France on June 13 for “rehabilitation and management”. He lost the use of all his limbs and needed extensive care from his family.
“The prognosis for this young man of 25 is the likelihood of no improvement at all,” said Mr Wright. “This is a case of two tragedies. In the first, Frank Osei-Mensah’s life has been ruined.
“In the second, he was a friend of the defendant. They had been to school together. I can only imagine how it is each of them thinks of the other in the circumstances in which they now find themselves.”
Mr Wright said there was no suggestion Govtepe, who is studying for a masters degree in IT engineering and design, was speeding or under the influence of drink or drugs.
Matthew Dance, defending, said Govtepe, who admitted causing serious injury by dangerous driving, had believed he was all right to drive, but his falling asleep had catastrophic life-changing consequences.
“There was a huge error of judgement on his part to drive when he was plainly tired,” added Mr Dance.
Suspending the sentence for two years and banning Govtepe from driving for two years, Judge Philip Statman said of the victim: “It is impossible to begin to imagine his suffering and the physical and mental strain that this incident has placed on his family.
“He has about 10 per cent gain in movement of his arms but no gain in the movement of his fingers. His sister puts it graphically in this way: He will never be the brother she knew before his incident.”
The judge told Govtepe: “References indicate you are a good and decent human being and an asset to the community in which you live.
"It is impossible to begin to imagine his suffering and the physical and mental strain that this incident has placed on his family" - Judge Philip Statman
“Until the moment you fell asleep at the wheel, which led to this catastrophic incident, there was nothing about your driving that was unusual.
“No one warned you in terms of passengers in your vehicle either to stop driving or take a rest, or drive in a different manner.
“Quite simply, you fell asleep momentarily and thereafter catastrophe.”
Judge Statman said the maximum sentence for the offence was five years imprisonment, while the maximum for causing death by dangerous driving was 14 years.
There was no sentencing guidance for causing serious injury by dangerous driving, he said, and it was “desperately needed”.
“There is nothing this court can do to restore the health of your victim,” said the judge. “No words of mine can ease the tragic circumstances of the life he now faces.
“For your victim it is impossible to begin to come to terms with that which occurred to him and his family. You will live with the enormity of what has occurred for the rest of your life.
“This is a heartbreaking case. I ask myself one significant question: Does justice demand that you be sent to prison immediately?
“I have no hesitation in concluding this offence crosses the custody threshold. The message not to drive long distances without taking proper breaks in the course of driving must be reinforced at all times by the courts.
“It is my responsibility to pass upon you what I consider to be a right and proper and just sentence, bearing in mind just how deep this tragedy is and how it extends to two separate individuals who until this occurred were close friends.
“In those circumstances, I take the view the sentence should be suspended.”