At the trial of Morgan Kiely in relation to the tragic death of her son Harry, a child car seat expert witness testified on behalf of the prosecution.
Morgan Kiely, then 19, had been drinking wine and 'relaxing' at Clacton beach in Essex with a friend, Stevie Steel, alongside her young son Harry Kiely on July 13, 2022, when the baby died. As they drove away, the car rolled and ended upside down, which propelled the baby from his baby seat through an open window. The baby boy sadly died later that night from 'unsurvivable' injuries sustained from the crash.
Prosecutor Mr Alex Stein previously told Chelmsford Crown Court that the baby had not been 'properly' strapped into the car seat during the drive from the beach to his grandmother's house. Harry was sitting in a child seat in the back of the car behind his mother while Steel drove. Kiely and Steel were previously said to had planned to drop Harry at Kiely's mother’s house before heading to Wetherspoons public house.
A specialist on child car seat safety who assessed how the seat should work and testified it was very unlikely to have been properly fastened or the child secured.Mr Stein added: 'That car seat had not been properly strapped in and more significantly he [Harry] had not been strapped into the seat itself properly.'He explained that Steel was distracted and hit a parked car, the car flipped on its roof and Harry was 'thrown or fell' out the car window.
The court was informed Ms Steel, of Crayford, Kent, previously admitted causing death by dangerous driving by due care while over the prescribed alcohol limit.
Morgan Kiely had been the passenger in a Ford Focus belonging to Steel when the crash occurred.
Steel was said to have become distracted while driving, causing the car to hit a parked car on Cherry Tree Avenue in Essex.
The vehicle, which had been travelling within the 30mph speed limit, rolled and ended up on its roof. After hearing the collision, neighbours rushed to the scene, including a retired paediatric nurse who spoke to the 999 call handler and immediately tried to treat the child. Witnesses said Kiely was heard saying 'my baby, my baby, is my baby okay'.
Describing the terrible outcome of the crash, Mr Stein said said the two women had been 'left hanging upside down, held in by their seatbelts'.
'He landed on the tarmac and as a young infant he had no way of protecting himself,' he said.
'He suffered a devastating skull fracture. It's a very, very sad case.'
Addressing Kiely, Judge Jay said: 'Harry's safety was your responsibility. It should have been your primary concern that day.'
He continued that her negligent conduct that day was a lapse in her otherwise good care of Harry.
Jurors deliberated for an estimated five hours over the course of two days before a guilty verdict of manslaughter was eventually reached. Kiely, aged 22, has been convicted of manslaughter by gross negligence and was handed a two-year suspended jail sentence.
https://www.gov.uk/child-car-seats-the-rules
https://witnessdirectory.com/signup.php
