An electric vehicle driver has been acquitted of causing the death of a five-year-old girl after telling a court his car accelerated forward on its own due to a suspected software malfunction.
Tragedy in a South London Car Park
Ashenafei Demissie, 53, was behind the wheel of a leased Volkswagen ID.4 outside his flat in Borough, south London, on the afternoon of 25 November 2022. He had picked up his younger son from school and was waiting for a parking space. Nearby, five-year-old Fareed Amir and Demissie's own 12-year-old son were playing.
Demissie had offered Fareed a lollipop moments before the vehicle, without warning, surged forward. It struck both children and crashed into five parked cars. The horrific incident was witnessed by the boys' mothers.
Fareed Amir died from her injuries. Demissie's son suffered multiple fractures to his lower limbs. In a police interview, the devastated driver described the event as "a moment of madness," saying, "Suddenly the car jumped... I tried to brake. It was like too late."
A Week-Long Trial and Conflicting Expert Views
At his trial at the Old Bailey, the prosecution's case centred on human error. A Metropolitan Police traffic collision investigator, Mark Still, told jurors he found no mechanical defects. He concluded it was a case of "pedal misapplication" by Demissie, stating, "I was unable to make the vehicle move without any additional input."
However, under cross-examination, Mr Still acknowledged he was not a computer expert or software engineer. Demissie maintained his innocence throughout, telling the court, "Never. I didn't touch it," when asked if he pressed the accelerator.
The defence argued that a software glitch could have caused the sudden acceleration. Jurors were not informed that, following publicity around the case, a dozen other EV drivers contacted lawyers to report concerns about their vehicles, including some with the same Volkswagen model.
Verdict and Aftermath
After five hours of deliberation, the jury found Ashenafei Demissie not guilty of causing death and serious injury by careless driving. The tearful defendant dropped to his knees and prayed upon leaving the dock.
Judge Alexia Durran KC thanked Fareed Amir's family for the "dignity" they had shown during the proceedings. Demissie had earlier expressed his endless pain, telling the court, "It is never-ending pain," upon learning of Fareed's death.
The case raises significant questions about the interplay between driver control and complex vehicle software systems. A spokesman for Volkswagen was contacted by the Press Association for comment regarding the issues raised during the trial.
