Mother will not be prosecuted over fatal RTA

03/06/2013

West Midlands Crown Prosecution Service (CPS) has decided that it is not in the public interest to charge a mother with the offence of causing death by careless driving following an incident on the M6 motorway in Staffordshire on Christmas Day 2012 which resulted in the death of her two sons and her aunt.

Parveen Habib, aged 38, was the driver of a Ford Focus car in which her two sons, Mohammed Arsalaan Habib, 4 and Adnan Habib, 10,  her daughter and her aunt, Bushra Tazarib, 32, were the passengers. They were travelling from High Wycombe, Buckinghamshire to a family wedding in Bolton.

As Mrs Habib approached Junction 15 on the M6, she lost directional control of the vehicle and it ended up coming into contact with the embankment alongside the hard shoulder.

Fellow motorists alerted the emergency services and tried in vain to assist the occupants of the car.

As a result of the collision, the three rear seat passengers, Mohammed, Adnan and Bushra all sustained fatal injuries and were pronounced dead at the scene.

Zafar Siddique, Deputy Chief Crown Prosecutor from West Midlands CPS, said:  

"This is an extremely tragic case of a mother, who was driving her family to a wedding on Christmas Day, losing control of her car which resulted in a collision on the M6 motorway and as a result, her two young sons and her aunt, who were passengers in the car, all sustained fatal injuries.

"Following a detailed police investigation into the incident, Parveen Habib was interviewed voluntarily under caution and a file was forwarded to the CPS. As is our duty with every case which we receive, we applied the Code for Crown Prosecutors which has two stages, the Evidential Stage and the Public Interest Stage, both of which need to be met for a prosecution to proceed.

"In this particular case, there was a considerable amount of evidence for the CPS to assess, from eye-witness statements through to reports from the police. Having had an opportunity to review all of this evidence, the case passed the first stage.

"However, applying the public interest test, Mrs Habib has, as a result of this collision, lost both her sons and her aunt. I am therefore satisfied that under these circumstances a prosecution  is not in the public interest given the loss suffered by her actions, the effect that a prosecution would have on the surviving family members, and the fact that she does not present any continuing danger to other road users. Mrs Habib's momentary lapse of concentration that Christmas Day has had devastating consequences which will remain with her for the rest of her life.

"Our thoughts and condolences are with the family."