THE parents of tragic schoolboy Craig Muskett say they have been "kicked in the teeth" after the man who left their son for dead in a hit and run road accident walked free from court.
Nathan Ball, 37, of Peak Bank, Romiley, pleaded guilty to failure to report an accident and failure to stop and was this week handed a 200-hour community order and four month driving ban by Stockport magistrates.
He had been driving his van on Sandiway, Bredbury, when he was in collision with Craig, 12, who was riding his BMX and suffered multiple injuries.
Ball drove off leaving Craig's dad Ian to find him in the road. Ball turned himself over to police the following morning.
Ian, of Woodgate Close, said: "This feels like a kick in the teeth, an absolute travesty of justice.
"We can accept this was just a tragic accident but it's what happened afterwards. He left poor Craig in the road for dead for his father to find, which was the hardest and most horrific thing I've ever done.
"This sentence sends out the message 'don't worry about hitting kids and thinking you've killed them, just drive off as you'll get away with it'."
The maximum punishment for failure to stop or report an accident is six months in jail or a £5,000 fine. Ball had previous convictions for driving while disqualified and without insurance dating back to 1996, the court heard.
Ian, who has two other children with his wife Lindsay, added: "How much more serious does it have to be before you go to prison?
"The police have been fantastic, it seems all their effort went to waste."
It was said Craig, a pupil at Werneth School, emerged from a hedgerow into the road where he was struck by the van.
Craig's little brother Mark, eight, witnessed the accident. Both he and Ian still receive counselling.
Steven McHugh, defending, said Ball was "truly remorseful".
He added: "My client was not responsible for that accident. His van was travelling well below the speed limit.
"He left the scene because there was a crowd gathering. He wasn't thinking straight. What he did does not leave him feeling very proud of himself at all.
"His own son was in a road traffic accident. He knew how he felt and he couldn't stay."
Ball had organised a charity event in July and proceeds were given to the family.
Sentencing, the chairman of the bench Stella Butler said: "We have considered very carefully that you initially left the scene, that there was extremely high harm caused and that the risk to the boy was extremely great.
"We have therefore decided that a high community penalty is the only sentence appropriate."
But a spokesman for road safety charity Brake described the sentence as a "slap on the wrist".
The spokesman added: "There needs to be a separate charge specifically for hit and run so people who commit this terrible crime are properly sentenced."
Paul Blomeley, from the Crown Prosecution Service, said "I share the disappointment felt by Craig's family at the sentence.
"Although Ball was not to blame for the accident he left a 12 year old boy dying in the roadway and only surrendered himself the next morning after a major police investigation had commenced.
"The sentence of community service falls far short of the statutory maximum of 6 months imprisonment. Unfortunately, as the law stands the prosecution have no right of appeal against this sentence and we have to accept the decision of the court."
Showing comments 1 to 16 and replies | View All
A, Stockport (22/08/2007 at 14:05)
Reading this article however, I believe the parents of this child could better find solace by concentrating not on providing the media with comments about Mr Ball and the British court system. But, by putting their efforts, into supporting Road Safety education and campaigns. And by encouraging other parents to teach their children to be safe while playing outdoors, emphasising the importance of cycle helmets and protective clothing. In 2004 over 3,500 teen cyclists aged 11-16 were killed or injured on Britain's roads. This child was not wearing a cycling helmet and was said to be emerging from concealed area…
I think that it is extremely unfair to point the finger solely at Mr Ball. We must remember he did not contribute or cause the accident. There are a number of components, which contributed to this tragic accident, which resulted in the death of a child and leaving not one but two families in pieces.
Joan Taylor, stockport (23/08/2007 at 18:10)
is appalling, people get away with anything To-day.
I can't understand why he drove off from Graig, I am sure he could have found away.
Some how to get to that poor boy.
Well that's my comment.
From Joan Taylor.
J, Stockport (24/08/2007 at 13:14)
Yes, Mr Ball could have stopped but who is to say how you will act in those circumstances. Would it have saved Craig's life? No. Could Craig's life have been saved if he was wearing a helmet? Maybe.
Did Mr Ball hit Craig? No. Therefore, to me, its seems he have been given a fair puishment. We have to remember this was an accident and all Mr Ball was guilty of was leaving a scene of a crime nothing else. Not hit and run as this report is trying to imply.
Will Craig's family ever stop hurting? No. Will Mr Ball be able to forget? No.
Whats is done is done, its a terrible thing but nothing can be done to change it. Its time to move on and grieve properly now, not be bitter as that is no good for anybody.
s, stockport (24/08/2007 at 13:44)
f, stockport (24/08/2007 at 13:52)
Claire, Romiley (24/08/2007 at 14:02)
A, Stockport (24/08/2007 at 17:42)
J, Stockport (28/08/2007 at 12:04)
j, stockport (29/08/2007 at 10:25)
J, Stockport (29/08/2007 at 11:17)
who is to say how anybody will react in the same circumstances? Until we are put in the same postion its hard to judge. Yes, he was wrong and i am sure he feels utter regreat and remorse. But its easy for us to criticise
as fortunatley we have not been put in the same position.
When you are faced with a make or break decision under extreme pressure its hard to think rationally and make the right choice. Have you never done anything you later regret? If so do you wish you could turn back time and make things right? I am sure these thoughts are going through Mr Ball's mind.
Alan, Orlando Florida (30/08/2007 at 01:26)
S, Stockport (30/08/2007 at 10:30)
JoePublic, stockport (30/08/2007 at 11:15)
anon, Stockport (30/08/2007 at 12:10)
j, stockport (30/08/2007 at 13:15)
JoePublic, stockport (30/08/2007 at 16:21)