A little boy whose death led to tributes from Manchester United star Marcus Rashford lost his life after a driver 'failed to concentrate' on the road, a jury has ruled. Kidus Wondwosen, six, who had dreams of becoming a police officer, was his bike near his home in Hulme when he was hit by 34-year-old Jenefer Ebosele.
He suffered 'catastrophic' injuries and was pronounced dead within an hour
Following Kidus' death, Rashford took to Twitter - on the eve of United's Europa League semi-final against Sevilla in August 2020 - and posted: "I've got a big game tomorrow, but I just wanted to take a second to acknowledge this.
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"My heart hurts for Kidus’s family and I want them to know that I will be in touch. I’m so sorry for your loss." The United number 10 was Kidus' favourite player.
Ms Ebosele, of Keston Avenue, Blackley, was accused of causing death by driving without due care and attention. She was ruled unfit to stand trial after being diagnosed with mental health problems, including post traumatic stress disorder.
A 'fact finding' trial was held at Minshull Street Crown Court. Instead of finding Ms Ebosele guilty or not guilty, the jury was told to decide whether she had committed the act or not.
On Wednesday (June 7) jurors ruled, by a majority, that she had caused Kidus's death by driving without due care and attention. Ms Ebosele was not in the dock during the trial - and will not face criminal sanctions or be disqualified from driving.
She was handed an absolute discharge.
The court heard that at about 6pm on August 9, 2020, Kidus was riding his bike near his home. Ms Ebosele turned right on Stretford Road into Wilmott Road, before turning right again into Chevril Close.
Kidus circled back on Chevril Close, near the junction of Wilmott Road when he was hit by the car.
“The collision crushed his bicycle and he was left with catastrophic injuries, which led to his death,” prosecutor Brian Berlyne said. Kidus was rushed to hospital, but his injuries were found to be ‘unsurvivable’ and he was pronounced dead at 6.40pm.
During a police interview, Ms Ebosele denied her standard of driving fell below those of a competent and careful driver, saying she had looked into Chevril Close 'as well as she could', but that her view had been 'partially obstructed' by a perimeter fence and the windscreen pillar in her car.
She said that when she turned right into the road, it appeared to be clear, before the child appeared from the left. She attempted to swerve to the right but was unable to avoid the collision, Ms Ebosele said in a statement.
A road collision reconstruction expert concluded Ms Ebosele was driving below the 20mph speed limit at the time, but said there was a five-second ‘window of opportunity’ for her to see the boy.
He said the only way the windscreen pillar would have restricted her view would be depending on the position of her seat and her head. He said Ms Ebosele’s seat was pushed close to the steering wheel, which would have given her a better view of the road.
The expert said Kidus changed direction before the collision and that he was wearing white clothing, which would have given Ms Ebosele ‘enough time’ to react. Mr Berlyne alleged Ms Ebosele had 'failed to concentrate on the road' and 'allowed her attention to lapse'.
Defence collision expert Peter Davey argued the collision was 'unavoidable', while her barrister Liam Walker KC said Ms Ebosele 'didn't have enough time to stop'.
In a statement read to the court, Kidus' mum Zufra said: “Your journey was more important than paying attention to those around you. My child should be here, falling asleep against me. I will never see my child grow up, I will never hear his voice again.
“He didn’t get the chance to grow up and fulfil his life purpose when you made the decision to do what you did.
“I won’t see my child go to university and grow up to be the amazing person they were meant to be. It’s not right for my child to die before me, that’s not the natural order of things. I have to do this and I can’t forgive you.”
Addressing the court, Judge Mark Savill said: “On August 9 2020, Kidus, a six-year-old child, lost his life. Nothing this court can do indeed that I can say will ever make amends for the tragic, enduring and unimaginable loss that Kidus’ family have suffered.”
He said three options were available to the court - a hospital order; a supervision order; and an absolute discharge. The court heard Ms Ebosele's circumstances did not meet the criteria for a hospital order, and due to the fact she is already receiving treatment for her mental health, a supervision order would not be necessary.
“You will understand I do not for one moment minimise the gravity of the incident and the harm caused, but this appeared to be a one-off for a 34-year-old woman with no previous convictions who was going about her daily work as a carer,” Judge Savill added.
“An absolute discharge is the most suitable disposal in this tragic case. There is no conviction in this case, and the court does not have the power to impose any disqualification from driving.”
In a tribute released via Greater Manchester Police after his death, Kidus' family said: “Kidus was a happy, friendly boy who was always smiling. He was very smart and his mum was proud that he was the smartest boy in his class at school.
"He loved his family, especially his mum, aunty and brother.
"He had lots of friends and loved to be out playing games with them. He also loved to play football and go swimming.
"He liked Manchester United and his favourite player was Marcus Rashford. This lively, bubbly young boy had his whole life to look forward to and dreamed of being a policeman when he grew up.
"His whole family are devastated by his death and are struggling to comprehend that they will never see him again."
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