Driver who caused off-duty police officer's death in discretionary right turn collision gets jail

SINGAPORE: A driver who did not see an off-duty police officer crossing the road and drove into her, causing her death, was sentenced to 10 weeks' jail and banned from driving for five years on Tuesday (Jul 4).

Andrew Charles Vasko, 55, an American and Singapore permanent resident, had contested the charge of causing death by a negligent act not amounting to culpable homicide, but was convicted at the close of trial.

This was for failing to keep a proper lookout when making a discretionary right turn with his Aston Martin at a Shenton Way junction on Feb 10, 2019.

The victim, Madam Salinah Mohamed, died four days later of a head injury, aged 40. She left behind a husband and three young children.

District Judge Shawn Ho said Vasko was not looking in the direction of the pedestrian crossing while making the right turn and found his culpability to be moderate.

Vasko intends to appeal against both his conviction and sentence.

He had consumed two glasses of white wine on the night of the incident at Sentosa, but passed a breathalyser test. He was also not speeding, the court found.

Defence lawyers Remy Choo Zheng Xi and Carol Yuen of Remy Choo Chambers had argued that their client was distracted by a motorcyclist who was overtaking on his right.

They also said there was insufficient lighting and contrast at the scene, but District Judge Shawn Ho rejected these arguments.

Deputy Public Prosecutor Stacey Fernandez asked for four to six months' jail, with a driving ban of five years.

She said Vasko was "oblivious" to the victim crossing with the lights in her favour, with his "complete oblivion" shown clearly in footage that showed the victim screaming at Vasko's car just before the collision.

MITIGATION

Mr Choo asked for a fine of S$8,000 and four years' disqualification from driving instead.

In his mitigation plea, Mr Choo said Vasko has built a family with his Singaporean wife and is a respected member of the business community.

He also has a good driving record, said the lawyer, having only one offence for speeding in 2014, which he paid a composition fine for.

Mr Choo repeated his arguments that Vasko had been distracted by the loud sound of a motorcycle on his right, but the prosecutor rebutted that the motorcyclist himself had testified to there being no such sound. Video footage also did not reveal such a sound.

Mr Choo said Vasko had immediately helped the pedestrian after the incident, asking passers-by to form a perimeter so that other motorists would avoid her.

In a statement to the police, Vasko said he was "extremely traumatised" after knowing the victim was injured badly and said he had no intention to hurt anyone.

When he realised the victim had died, he said he was deeply sorry for the accident and felt very sorry for her family.

After the sentence was passed, Vasko said in a statement to the media that he was “deeply disappointed with the verdict and will be focused now on filing an appeal”.

For causing death by a negligent act not amounting to culpable homicide due to a failure to keep a proper lookout when turning right, Vasko could have been jailed for up to two years, fined, or both.