Rideshare driver spared jail after dad, daughter killed
Miklos Bolza |
A rideshare driver will not be jailed over a crash that killed an “amazing” 12-year-old girl and her father, and injured her younger brother.
Hailie Thien An Duong and brother Justin Duong were headed for a fun weekend night out with their dad, Thanh Thai Duong, when the sedan the trio was in was T-boned by a ute in May 2024.
The impact caused “catastrophic injuries” to Hailie and her 41-year-old father, a magistrate was told on Thursday.
Justin, then aged 10, suffered minor injuries in the crash at Milperra in Sydney’s southwest.
Mr Duong’s wife Le Boi Ngoc Truong, who was at a temple when her family got in the rideshare car, said the day “became the worst day of my life”.
While the couple were separated, Ms Truong said her husband loved his children and provided for them emotionally and financially.
Hailie was described as an amazing girl, full of energy and dreams and passionate about gymnastics and swimming.
“I know that no sentence can bring back my husband and daughter, but I hope the court understands the depth of the pain, the suffering, and the permanent impact this has caused,” she wrote in a victim impact statement tendered to Bankstown Local Court on Thursday.
Aleesha Bradford, Hailie and Justin’s aunt, described the accident as the day the world changed, tearing apart families through the death of two loved-ones and trading cherished moments for trauma and nightmares.
She took particular aim at the driver, MD Towhidur Rahman, who made the fateful right turn into the path of oncoming traffic without looking.
“Killed in your car. Killed by your decision-making. Killed by you,” Ms Bradford told Rahman as he listened silently in court.
Mr Duong and his two children had been travelling to an entertainment complex complete with go-karting, bowling and arcade games for a night out when the tragedy occurred.
Rahman, 53, had been driving professionally for 16 years, first as a taxi driver then for ridesharing platforms Uber and DiDi.
Also injured and initially placed in a medically-induced coma in hospital, the driver pleaded guilty in October to negligent driving occasioning the two deaths.
He would never work as a rideshare driver again and had been diagnosed with post-traumatic stress disorder after the accident, his lawyer told the court.
“I cannot get over the pain and harm that I have caused them,” Rahman said.
“I cannot apologise enough for what I have caused.”
Rahman breached his duty to the family to act in a reasonable and prudent way when taking them to their destination, police prosecutor Peter Boctor said.
The car was hit by the ute after that vehicle’s driver was unable to stop in time.
But the magistrate noted the fatal accident was an aberration against Rahman’s good traffic record, which included about 25,000 rides with both Uber and Didi.
Magistrate Tania Johnson declined to place Rahmann behind bars, instead imposing an 18-month intensive corrections order over the dual-fatality crash.
He is required to complete 50 hours of community service work by mid-2027.
One member of Mr Duong’s family walked out of the courtroom once it was revealed the driver would not be placed behind bars.
Ms Johnson noted the substantial loss suffered by the family.
“The law has no capacity to restore the balance of your lives and I acknowledge that you will never recover from your tragic loss,” she said.
However, she also took into account the former rideshare driver’s good character and genuine remorse when imposing the sentence.
Rahman declined to answer questions outside court after he was sentenced.
He has been disqualified from driving for three years.
AAP
