Driver learns fate in court after tragic crash kills lifelong friend

Abdul Fatah Faizi, 52, of Shepparton, pleaded guilty in Shepparton Magistrates’ Court to careless driving.

The court heard Faizi’s Mitsubishi Triton dual-cab ute crashed down an embankment on the Euroa-Mansfield Rd at Gooram on July 9, 2023, after he failed to negotiate a bend in the road.

At the time of the crash, at 10.15pm, it was foggy, raining and dark.

The court was told it was a 100km/h zone, and Faizi was driving at 95km/h.

The advisory speed for the bend, however, was 60km/h.

The court was also told that since then, the area had been rezoned to a 60km/h zone.

Faizi had been earlier charged with dangerous driving causing death over the incident; however, the prosecution withdrew this charge after a committal hearing in April.

He then pleaded guilty to the lesser charge of careless driving.

Faizi’s barrister Amie Hancock told the court the man who died was a close friend of her client.

“He was like a brother. They were lifelong friends,” she said.

“They grew up together in Afganistan.

“The result of this incident is tragic for all involved, particularly the deceased man.”

Ms Hancock told the court her client grew up in Afganistan before coming to Australia by boat as an asylum seeker in 2001 at the age of 27.

In 2009 he became an Australian citizen.

Ms Hancock said Faizi had worked before the crash, but was now unable to do so as he fractured his vertebrae in the crash.

“He feels deeply saddened and struggled emotionally since the collision,” Ms Hancock said.

She said Faizi was “of excellent character” and had no criminal or driving prior convictions.

“He has made a mistake. His friend has died and he is devastated by that and will continue to live with that every day,” she said.

Ms Hancock said Faizi had made an offer to the prosecution in December last year to plead guilty to careless driving, but it was not accepted before the committal.

Magistrate Olivia Trumble found the charge proven, and dismissed the matter without imposing any further penalties on Faizi.

“This is an extremely unfortunate accident that not only resulted in you suffering serious injuries, but also resulted in your dear friend losing his life,” she said.

“It is a heavy burden you have to carry for the rest of your life.”

Ms Trumble said Faizi’s mental health would have been “further compounded” by the fear that he could have gone to jail over the incident on the original charge.

She also noted that careless driving was one of the “lower” driving charges a person could be charged with, and she could not take into consideration that a person died.

Ms Trumble said in reaching her finding she took into account the weather conditions that night and the fact that Faizi was driving under the speed limit and there were no alcohol or drugs involved.

“I have no doubt you were driving in a way appropriate to the conditions,” she said.

“You clearly didn’t see the bend … until it was too late.”

Ms Trumble said she found the charge proven, and dismissed the case without further penalty because in a way the penalty had already been dealt to Faizi by being charged and having to go through what she said was probably a “terrifying” court process.

She said the incident would have had an emotional and physical toll on Faizi.

“You lost your friend that night and there’s the knowledge you were driving the car,” she said.

“You were also injured and you can’t work any more.”

No conviction was recorded in court.

Ms Trumble also ordered that the prosecution pay Faizi’s legal costs for the committal as he had offered to plead guilty to the charge that continued before the committal was held.