Home   Folkestone   News   Article

Folkestone mum’s anger as driver who hit daughter on Tram Road zebra crossing spared jail

Court reporting by Julia Roberts

A mum has told of her anger after a driver who knocked down her daughter on a zebra crossing and “changed her life forever” was allowed to walk free from court.

Dollie Giglia was just 11 years old when she was “sent flying up into the air” by John Tutt's Peugeot 107 on Tram Road, Folkestone.

John Tutt was spared jail at Canterbury Crown Court
John Tutt was spared jail at Canterbury Crown Court

The schoolgirl was rushed to King’s College Hospital in London and at one point her mum, Annie, feared she would die.

Dollie survived but suffered multiple fractures and a brain injury that has left her struggling to focus at school and at risk of early-onset dementia.

Canterbury Crown Court heard last week that Tutt, 48, admitted to police he had “s**t eyesight” and at first hoped he had hit a dog rather than a little girl.

The carpenter later pleaded guilty to causing serious injury by dangerous driving and faced up to five years behind bars.

But a judge decided to spare Tutt immediate imprisonment.

Speaking exclusively to KentOnline after the hearing, Annie said: “Dollie doesn’t think it was the correct decision. She thinks that he should go to jail.

“She's very adamant about that and - considering she's the one who lives with it - I think she has every right to feel this way.

“I don't understand how having bad eyesight isn't as bad as getting behind the wheel drunk or stoned.

“He made the decision to drive knowing he has poor eyesight and he nearly killed someone because of it.

Annie Giglia says her daughter is 'adamant' that driver John Tutt should have been sent to jail. Picture: Annie Giglia
Annie Giglia says her daughter is 'adamant' that driver John Tutt should have been sent to jail. Picture: Annie Giglia

“This wasn't unstoppable. This was your stupid little mistake that has altered someone's life forever.”

The court heard that Tutt had just left a petrol station where he had been jet-washing his partner's car when he hit Dollie at about 3.40pm on January 18, 2023.

It was still daylight, the weather was clear and conditions were good.

A driver travelling in the opposite direction had slowed and then stopped to let Brockhill pupil Dollie - who was dressed in her school uniform - cross the road.

The Peugeot then approached with the schoolgirl on its nearside.

Dollie Giglia took between three and five steps onto the zebra crossing in Tram Road, Folkestone before she was hit by Tutt’s car
Dollie Giglia took between three and five steps onto the zebra crossing in Tram Road, Folkestone before she was hit by Tutt’s car

The court heard that after she took between three and five steps onto the crossing, she was hit by Tutt’s car.

Prosecutor Simon Smith said: "He had not altered his course and had not attempted to brake or reduce his speed. He struck the girl and carried on driving.”

According to witness statements, Dollie was knocked over the bonnet and roof, “flying up into the air” and landing behind the car, with Tutt continuing to drive off.

The 48-year-old later admitted that he knew he had "hit something but hoped it was a dog" before pulling over and helping the stricken youngster.

There was no evidence to support a witness’s suggestion that Tutt was above the 30mph limit. He also tested negative for drink and drugs, and had not been using a phone.

Explaining the cause of the crash, the prosecutor added: "The defendant's eyesight was so poor that it significantly and dangerously impaired his driving skill to such an extent that he didn't see the child on the crossing.”

Reliving that day, Annie, 32, told KentOnline her daughter was “covered in blood” when she arrived at the scene.

“I was sitting on the sofa having a cup of tea. I got a call from the school because one of the witnesses had called them because of her uniform,” she explained.

“She was sat on the floor, but she kept trying to get up and she was really confused and she had blood all over her.

“I was just in shock. It was a very scary time. I did have moments where I thought I was going to lose her.”

Dollie suffered "grave and potentially long-term" injuries that included multiple fractures to the base of her skull, cheekbone, jaw and ribs, a punctured lung, kidney haematoma, bruising to the brain and a punctured lung.

She had to be airlifted to London's Kings College Hospital where she underwent neuro and maxillofacial surgery.

So serious was her condition that she spent 11 days in intensive care and had to be sedated twice.

When she eventually came round she repeatedly asked in her confusion if she was in a coffin and was convinced she had died.

Her head injury also resulted in significant problems with inhibition, causing her to make inappropriate comments as well as swearing and lashing out in anger at her mum, the court heard.

After spending three weeks in hospital, Dollie eventually returned home to continue her recovery before returning to school after six months off.

Annie, who works as a cleaner in Folkestone, told KentOnline that her daughter, now 13 and in Year 9 at Brockhill, has been “so brave through all this”.

“I’m so proud of her,” she said.

“But I don't want all of that to mask or brush over the fact that she definitely does have her problems and is struggling.”

Since returning home, Dollie’s treatment has continued and she is currently working with a psychiatrist and occupational therapist.

Tutt, of Wood Avenue, Folkestone, initially denied the charge and was due to stand trial in September this year. However, it was at a further hearing in November last year that he pleaded guilty and sentencing was adjourned for a probation report.

He appeared in court last Friday to be sentenced.

The court heard how police had arrived at the scene of the collision and asked Tutt to read a vehicle’s registration number. However, even at just 10 metres away he made errors, telling the officer “my eyesight’s s**t, especially at long distances”.

He said excess water had been "rushing down" the windscreen when he pulled out of the petrol station, explaining how he had not been able to activate the single wiper and therefore could not see the little girl.

His barrister, Alex Benn, said the defendant had "suspected he had some issues" with his eyesight but not to the point where he felt he needed to see an optician.

But he added that Tutt had done so since and was required to wear glasses or contact lenses for driving.

Describing the remorse felt for what happened, Mr Benn said: "He expresses his deep sorrow for what happened and will make sure in future through regular checks and extreme vigilance that he will never be in this kind of situation again."

The court also heard that Tutt separated from his partner due to stress from the incident and had been prescribed anti-depressants.

Annie, who has lived at The Durlocks in Folkestone for the past 10 years, remains concerned about how Dollie’s injuries will impact her future.

She added: “She has quite a bad memory, just really short term. She'll start making something in the kitchen, go to the toilet, and then forget that that's happening and go do something else.

“It's made all of her symptoms of ADHD worse, which the doctor said it would do because of the type of brain injury that she has.

"My main concern is focus because she's in school, she's just picked her GCSEs and it's an important time in her life.

"She at first wanted to be a vet and I'm not saying that she won't do these things, but I just worry about how it's going to affect her ability to study and focus.”

Before passing sentence, Judge Simon Taylor KC said that although no punishment imposed "could undo the harm" Tutt had caused, it was "important that [the family] and the public knew they had a voice in the hearing".

But the judge said a prison sentence should always be seen as "a last resort" when balancing factors including punishment, rehabilitation, reform and protecting the public.

Imposing a two-year term of imprisonment suspended for two years, he told Tutt: "Your criminality derives from the fact you were driving with defective eyesight you knew wasn't up to the job and you suspected you needed glasses.

"Combined with a lack of attention, it led to driving that was dangerous and ultimately destructive.

"You didn't do anything deliberate to cause the injury. It was more a question of you failing to assess the risk."

Explaining that he was "just persuaded" to suspend the sentence, Judge Taylor said: "You have learnt a very hard lesson from this and are unlikely to take such a negligent approach again.

"The greatest punishment to you is the knowledge of what you did to that little girl."

Tutt was also banned from driving for three years, told to complete 250 hours of unpaid work and made subject to a curfew ordering him to stay inside his house between 8pm and 4am until September 1.

Explaining that he cannot even go into his garden during these times, Judge Taylor added: "This is a direct alternative to prison and is designed to be a punishment, so over the summer months you will understand you are still being punished for the injury caused and could well still have been serving a prison sentence by that time."

Tutt must also pay £1,630 court costs.

Close This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.Learn More