Man appeals against driving ban for causing death of boy, 9

[MarrickG]

A BUSINESSMAN who has paid an $8,000 fine for negligently causing the death of a nine-year-old pedestrian in a 2009 road traffic accident is appealing against his five-year driving ban.

The appeal will be heard in the High Court on a date to be fixed.

Phang Say Lang, 54, pleaded guilty in May to causing the death of Chen Chunyu as a result of failing to keep a proper lookout while driving along Boon Lay Way on Sept 18, 2009.

The Primary 2 pupil was on his way to school in pouring rain when he was hit by Phang’s Lexus. The boy was seriously injured and died in hospital six days later.

The court heard he had stepped onto the road in front of a bus stop, heading for his school on the other side. The point at which he crossed was more than 130m from the nearest pedestrian crossing, at the junction of Boon Lay Way and Corporation Road.

In his grounds of judgment last month, District Judge Roy Neighbour said there was no doubt that the mishap was the result of Phang’s failure to keep a proper lookout for the boy.

“In the heavy downpour, he should have exercised greater care when approaching the bus stop,” he said.

But the judge also noted that Phang had, until then, a clean driving record, and that a jail sentence was unjustified, given that the boy was also negligent while crossing the road.

Phang’s lawyer Kelvin Lim had said in mitigation that, because of the rain, his client could not see the boy until it was too late; all his client saw was “a shadow” and then the accident happened.

Mr Lim also said the boyhad arrived here only two months earlier, and may not have been familiar with the place. Where he was from was not mentioned.

Mr Lim added that Phang, traumatised by what had happened, kept having flashbacks and has not slept well. He has been in touch with the boy’s parents and given them some money.

Phang could have been jailed for up to two years and/or fined.