Dear Yuyutsu,

There is no evidence that
Elijah Doughty stole the motorbike, nor that
he even knew it was stolen.

The owner had been told the previous day by police
that stolen bikes often get dumped in a reserve
out of town and so the next day, he parked near
the reserve, turned his engine off, wound his
window down to listen out for bikes and he waited.

Eventually, Elijah rode past. The man took off in
pursuit, driving a large Nissan Navara 4WD ute.

Less than a minute later - around 30 or so seconds
Elijah Doughty was dead. In addition to massive
internal injuries, his spinal cord was severed at
the base of his brain, killing him instantly.

Responding police vehicles and an ambulance drove
over the tracks left by the Navara, which made piecing
together what happened much more difficult. In the end,
investigators had to rely heavily on the man's version
of events.

He did not have time to stop, he told the police.

The man's defence attorney, told the court, "Ultimately
it's the defence case had the bike not veered in front
(of the accused) this wouldn't have happened.

We might equally
argue that if the man had not driven so close to Elijah,
forcing him to veer, and had not
chased him so ardently, or taken the law into his own
hands, or if the local police had done their job in the
first place, rather than advise the man to go look for
himself- there might also have been a different outcome.

There seems little point in debating the outcome.
The sentence will likely not be appealed. Justice
has been done, say authorities. Move on.

I felt it important to simply bring up the subject of
what Elijah's family must be going through - instead of
just reading about the blame being heaped on Elijah.
A man killed a 14 year old child over a
motorcycle, and will serve, at most, 3 years behind
bars. Less if he gets out on parole.

I don't feel that justice has been done.

http://newmatilda.com/2017/07/23/groundhog-day=elijah-doughty-joins-a-long-list-of-deaths-with-no-justice/

cont'd ...

Dear Yuyutsu,

Mu apologies for the typo. Here's the link again from which
I cited:

http://newmatilda.com/2017/07/23/groundhog-day-elijah-doughty-joins-a-long-list-of-deaths-with-no-justice/

Foxy,

As Elijah was not in trial, the actual circumstances that led him to be in possession of the bike were not investigated in detail, as they were irrelevant to the trial of the Ute driver.

However, Elijah was 14 riding a relatively new bike that had been stolen within 48hrs that he certainly didn't pay for. He may not have personally stolen the bike, but unless he was a complete moron, he must have known that it was stolen.

Similarly, there is no evidence whatsoever that the ute driver ever intended to hit Elijah, and your "feeling" that justice was not done has no basis in fact, only in prejudice.

Shadow, like in the Bolt incident, which you got totally wrong, you once more throw up a load of unsubstantiated conjecture. Trying to play the race card yourself with "calling for additional punishment because he's white is pure racism." Where have I linked his color with the outcome. I have raised the issue of property rights verses human rights, the problems of disadvantage, vigilante behavior and how it should be dealt with. Where is the racism? Was the unidentified perpetrator "white" I didn't consider that relevant.

Dear Shadow Minister,

The man took the law into his own hands and had
he not done so there might have been a different
outcome. If the local police had done their job
in the first place rather than advise him to go
look for himself - again there might also have been
a different outcome. A 14 year old child suddenly
veered in front of the large 4WD, and then
disappeared under it and the man did not have time
to stop? He should not have been that close to the
rider of the motorbike. Investigators also had to
rely heavily on the man's version of events.

In a Perth Court the man was found guilty of the
lesser offence of "dangerous driving causing death,"
(not even manslaughter) and sentenced to 3 years
jail. He may only serve one year if he gets out
on parole.

Elijah Doughty's family will have to make peace with
the fact that the man who killed their 14 year old child
will serve, at most, 3 years behind bars.
And they'll have to make peace in a climate of collective
indifference to their suffering.

You may feel that justice has been done.

I don't.

Dear Foxy,

Thank you for the link:

I wrongly thought that the owner pursued Elijah on his own property, in which case he should have been able to do what he likes - though he would still eventually be punished for it by divine justice.

The fact that the event took place on a public road, where the state has jurisdiction, changes things and the charge of dangerous driving seems appropriate. Rest assured that if this charge is insufficient, then the owner will still be punished for the balance anyway, so why worry about it?