Michael Abou Chaaya will be back driving in a few weeks after successfully appealing his driving disqualification. Photo / Greg Bowker
Michael Abou Chaaya will be back driving in a few weeks after successfully appealing his driving disqualification. Photo / Greg Bowker
A 22-year-old who ploughed through a group of Auckland school students at a bus stop with his car will be driving again in just a few weeks.
It was described by a judge as "an event borne of nightmares" and seriously injured six children, but Michael Abou Chaaya has seen his driving ban halved after a successful appeal this month.
He was then sentenced in February this year to 10 months' home detention, 250 hours of community work and ordered to pay $16,000 in emotional reparation. He was also disqualified from driving for two years.
Michael Chaaya ploughed through a group of people near Westlake Girls High School in September 2017. Photo / Doug Sherring
At sentencing, Judge Pippa Sinclair said the September 2017 incident was "an event borne of nightmares".
"A nightmare for each and every victim and their families and a nightmare for you, Mr Chaaya, which I have no doubt continues to replay in your mind, accompanied by the wish that you could turn back the clock."
Chaaya "accelerated heavily" through a North Shore intersection, increasing his speed to at least 87km/h in a 50km/h zone.
As he passed the entrance to Westlake Girls High School he lost control.
"Your car mounted the kerb and continued along the footpath for approximately 20 metres towards a bus stop," Judge Sinclair said.
"A schoolgirl walking along the footpath saw the car coming towards her and tried to run behind the bus shelter to get out of the way, but your car struck her in the back. Your car then hit a steel pole holding the bus stop sign and flattened it. Part of the pole flew into the bus shelter."
More students were then struck by Chaaya's car before it came to a partial stop on top of a grass embankment and footpath.
In all, six children aged between 13 and 15 years at the time, were injured - three seriously.
Six school students were injured during the crash at a bus stop. Photo / Supplied
One suffered a broken right femur, multiple breaks to her left leg, tendon damage to both legs, damage to her elbow requiring surgery and lacerations to her face.
Another suffered a broken femur which resulted in him being rehoused as his homestay did not have wheelchair access.
Other injures to the students included a broken ankle, a chipped shoulder blade, nerve damage and concussion.
Judge Sinclair said a one year disqualification from driving was mandatory, but that in Chaaya's case two years was appropriate.
A little more than a month after his sentencing, Chaaya's home detention sentence was cancelled and he spent four and a half weeks on a 24 hour curfew until a suitable home detention address could be found.
On April 18 he was re-sentenced to a home detention for a period of nine months.
He then appealed his sentence in the High Court at Auckland, with Justice Ian Gault's releasing his decision to the Herald last Friday.
Justice Gault said it appeared the sentencing judge did not appear to consider whether credit should be given for when Chaaya was prohibited from driving while on bail.
"Mr Chaaya spent nearly a year on bail prohibited from driving. This is was a significant period of time, particularly considering the ultimate period of disqualification imposed. I consider this warranted recognition in his period of disqualification," Justice Gault's decision reads.
"I also accept the appellant's submission that Mr Chaaya's reintegration into society will be impacted by a longer period of disqualification. Mr Chaaya has no prior criminal history. As his qualification (a university degree in computer science), community references, and genuine remorse demonstrate, his rehabilitative prospects are excellent."
Justice Gault said this was not a case "where public safety requires that he be kept off the road".
