A theatre nurse who admitted causing the death of her best friend by dangerous driving when she caused a high speed crash on a dual carriageway has walked free from court with a suspended prison sentence.
Although Judge Alistair Devlin imposed an 18-month prison sentence on Maymole Jose (52), he said there were exceptional factors which justified him suspending it for two years.
The Antrim Crown Court judge cited the “gracious and forgiving” attitude by the family of the victim Shymol Thomas and the medical needs of the defendant’s son, who needs round-the-clock care.
“Ultimately, taking those factors into account along with other factors such as strong personal mitigation, this court is on balance persuaded that the requisite degree of exceptionality has been met,” said the judge.
Jose, from Greenvale Park Glen, Antrim, admitted causing the death of Ms Thomas (37) by driving dangerously on Crankhill Road in Ballymena on 21 June 2019.
The mother-of-three also admitted causing grievous bodily injury to her 15-year-old son and his friend, also by dangerous driving.
During sentencing on Friday, Judge Devlin outlined how Jose had been taking the boys to a Duke of Edinburgh exercise and had asked her best friend to come along “for company”.
The court heard that following satnav directions, she missed a turn-off and used a gap in the central reservation to either try to turn right or perform a U turn.
Jose failed to see a VW Passat coming the other way, which struck her car.
The father and son in the VW were able to walk away, but Mrs Thomas, a mother-of-three, died at the scene.
The two teenagers suffered fractures to their left legs and pelvis, while Jose sustained serious injuries.
The court heard Jose’s car had been travelling at 17mph and did not stop in the central reservation, but instead drove on.
Crash investigations found Jose should have been able to see the oncoming VW from more than 200 metres away and it would have been visible for around seven seconds.
Judge Devlin said the expert concluded the Jose’s car “didn’t stop and should have stopped.”
He outlined how she moved to NI in 2006 and worked as a theatre nurse in Antrim Area Hospital, where she was held in the highest regard.
The family of Mrs Thomas, a nurse originally from southern India who lived in Antrim, provided moving statements imploring the judge not to jail Jose.
Quoting Mrs Thomas’ widower, the judge said: “She has to live with not just the memory of the loss but also the fact that her best friend is no longer alive”.
The judge also took into account medical evidence regarding Jose’s oldest son and the care he requires.
He said while cases like death by dangerous driving had to include deterrent factors in sentencing, authorities were clear that in all but exceptional circumstances, jail sentences will inevitably be imposed.
He concluded however he was satisfied that this “particularly tragic case” merited such exceptionality.
Jose was also banned from driving for three years.