Andrew Lindup (pictured), 36, was killed on December 15, 2016 by ‘callous’ Daroush Fayaz, 25, who served only 61 days in jail after admitting failing to stop
The family of an IT technician killed in a hit-and-run have called for a change in the law after the driver could only be charged with leaving the scene of an accident.
Andrew Lindup, 36, was killed on December 15, 2016 by ‘callous’ Daroush Fayaz, 25, who served only 61 days in jail after admitting failing to stop.
Fayaz, who might have been speeding, parked his van in a side road and fled.
The van wasn’t found for 15 days and as there was no evidence he was driving dangerously he could only be charged with failing to stop even after the coroner deemed the word ‘accident’ was inappropriate to describe how Mr Lindup died.
Coroner Andrew Walker concluded: ‘It seems to me accident does not fit the conclusion here. This was a road traffic collision, and I propose to record as a conclusion the words road traffic collision and not an accident.’
Mr Lindup’s family has now demanded a change in the law and outside the inquest, Andrew’s dad David said: ‘Because Fayaz failed to stop, and because of the lack of evidence at the scene, the CPS decided not to bring charges of causing death by dangerous or careless driving.
‘Instead they charged him with the much less serious offence of failing to stop.
‘He was jailed for four months and was out after 61 days. It’s not much for killing my son is it?
‘The simple facts are that Fayaz did not stop, he did not brake despite his windscreen being smashed, he did not look back, he did not try to help my son and he did not call for help.
‘He then tried to cover his tracks for 15 days and has shown no remorse for snatching my son away from me and devastating Andrew’s family and friends’ lives.’
Family of Andrew Lindup outside North London Coronerís Court, Barnet, North London
David Lindup (right), father of Andrew Lindup killed when a van driver hit him at speed then fled the scene leave North London Coroner’s Court
He added: ‘The greatest irony in all of this is that the law protects the worst drivers, effectively acting as an incentive for motorists to flee if they kill or seriously injure somebody.
‘If a driver remained at the scene of a fatal crash, they would be tested for alcohol or drugs, and possibly prosecuted for causing death by dangerous or careless driving and face up to 14 years in prison.
‘But if they run away and are then found at a later date, and there was no other evidence of dangerous or careless driving, they can only be prosecuted for failing to stop.
‘It is wiser to flee, ditch the vehicle and hope never to be identified. The law isn’t fit for purpose and needs to be changed.’
David Lindup, right, has called for a change in the law. He said: ‘Because Fayaz failed to stop, and because of the lack of evidence at the scene, the CPS decided not to bring charges of causing death by dangerous or careless driving’
The inquest heard that Fayaz hit Mr Lindup, who worked for Islington Council, in Holtwhites Hill, Enfield, north London, at about 7.10am.
Fayaz then parked the silver Ford Transit van, which was left with a smashed windscreen, in a side street away from the scene, before police found the vehicle 15 days later and arrested him.
North London Coroners Court was told there were no marks in the road indicating Fayaz braked during or after the smash and he could have been travelling over the 30mph speed limit.
PC Adrian Van Lancker told the inquest he believes Fayaz was travelling at a speed of up to 41mph.
Coroner Andrew Walker said police evidence showed Fayaz was travelling between 21mph and 41mph when the smash happened.
PC Van Lancker said: ‘My assessment would be 35mph to 41mph.’
The inquest heard that Fayaz hit Mr Lindup (whose family are pictured), who worked for Islington Council, in Holtwhites Hill, Enfield, north London, at about 7.10am
The coroner gave the conclusion Mr Lindup, who was originally from Solihull in Birmingham, died as a result of a road traffic collision.
Afterwards, David Lindup added: ‘My son Andrew was run down and killed by a man who callously left him for dead.
‘In that moment the driver Daroush Fayaz single-handedly destroyed my family.
‘Fayaz’s actions following the collision are unforgivable, cowardly and despicable.
‘Despite media appeals he didn’t come forward, instead choosing to hide his van, which had been damaged extensively, in a side street for 15 days.
‘He only gave himself up when the police found it.
‘If Fayaz had stopped and tried to help I could have almost forgiven him.
‘I cannot forgive him now. He has ended the life of someone who cared for life and he should still be behind bars today.’
Fayaz was also banned from driving for 14 months after the smash, fined £200 and told to sit an extended driving test.
He served 61 days of a four month sentence after pleading guilty on July 24, 2017 to failing to stop.