A woman who screamed as she knocked over and killed her elderly neighbour who was crossing the road on crutches, has avoided jail.
Social worker Elizabeth Avorga shouted: "Oh my God, I've killed my friend" seconds after 71-year-old Janet Emmett's head was crushed under her black Chevolet SUV. The 42 year old was close to their homes in south Croydon in June 2022 when she spotted Mrs Emmett crossing the road.
The mum of four told the court she was returning from the school run and had tried to avoid Mrs Emmett. She said she turned to drive around the pensioner, but Mrs Emmett changed direction and lost her footing. Avorga denied causing death by careless driving but was convicted of the charge after a four day trial at the Old Bailey.
During the trial, prosecutor Charlotte Hole said Avorga had been out to drop her children at school and nursery and was on her way home just before 9.30am. "Mrs Emmett was walking away from her building and crossing the service road. What happened next was not captured on any CCTV and wasn't seen by any eyewitnesses."
Janet Emmett was 71 when she was killedSome neighbours heard screams and one came out to see what had happened, the court heard. "She could see Ms Avorga's car had stopped on a grass verge and was not parked normally. Underneath the car she could see a crutch and two legs." Avorga was screaming hysterically and saying: "I tried to stop but she slid down and fell", the court heard.
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A neighbour took her back to their flat as she was distressed and shaking. Avorga said "Oh my god, I've killed my friend". A post-mortem found the cause of death was injuries to the head and torso. Avorga was taken from the scene in an ambulance and told a police officer: "She was a good lady we all cared for her. Why god, why?"
She said: "She was just walking up, she's got crutches, she's got a hip replacement. She was just walking up there because we don't have a sidewalk and she slipped on her crutches and I panicked because I saw her fall and the car just rolled, the car just rolled, oh my God."
The prosecutor said Mrs Emmett had priority as a pedestrian who had started to cross and the driver should have given way. "Ms Avorga suggests she didn't see Mrs Emmett until she turned into the service road. On her own account she clearly appreciated Mrs Emmett was a vulnerable road user and she steered around her but she did not stop. It is the prosecution case that this was careless.
"She knew Mrs Emmett had mobility problems but she passed so close when Mrs Emmett was crossing that when Mrs Emmett fell there was only one outcome and it was a fatal one. Had she stopped or at least passed so widely there was no possibility to come into contact the collision would we say have been avoided."
Avorga told the court she was driving into the service road when Mrs Emmett tried to cross in front of her on the driver's side. "I had just turned in. I immediately realised she was in the road. I steered away to my left towards the grass verge to give her room to safely cross," she said. "I suddenly saw her turn slightly to her left.
Elizabeth Avorga went on trial at the Old Bailey (Ian Vogler / Daily Mirror)"I was not sure why she turned. But the next thing I saw was she appeared to have lost her footing and was falling over backwards in the direction of the car. I stepped on my brakes and stopped the car." Avorga denied the charge but was convicted of causing death by careless driving.
In a note to the judge, the jury said the access road was inherently unsafe because it did not have a pavement. "The 12 jurors agree that upon building these flats the person responsible should have correctly built infrastructure to safely enter and exit the properties," the jury said. The note added that pedestrians using the road were "risking their lives" and a proper walkway should be added.
Avorga was given a four month sentence suspended for a year. She was also ordered to attend a ten day rehabilitation course and pay £3,000 in costs. She was also banned from driving for three years.
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