I can forgive — but will never forget
The sister of promising young footballer Randy Swan, who died in a road smash, says she forgives their cousin for causing his death through dangerous driving.
However, in an emotional letter to the judge who this week handed Davel Javar Smith a suspended prison sentence, Karimah Swan said she can never forget what happened.
"Davel and Randy were best friends let alone cousins. I know this accident was a freak accident and wasn't a deliberate accident. I know Davel didn't have intentions to cause this death. We can all say our opinions about this situation, but whatever we say still won't bring my brother back. I know that life goes on and that one day I'll see Randy again," she said.
Mr. Swan, a star player with Dandy Town Hornets, suffered brain damage in the crash on South Road, Southampton, on his birthday on December 16, 2004. His family switched off his life-support machine five days later. Smith, now 29, was at the wheel of the car in which Mr. Swan was travelling as passenger when it collided with a car travelling in the opposite direction. He also suffered serious injuries.
At Supreme Court earlier this year, Smith, of West Park Lane, Pembroke, admitted causing the death of Mr. Swan, and causing bodily harm to the other driver, Kion Wade, through reckless driving and speeding. This week, Mr. Justice Greaves handed him an 18-month suspended prison sentence in relation to Mr. Swan and a 12-month suspended sentence relating to Mr. Wade, both suspended for two years. The sentence means Smith will not go to jail unless he misbehaves during the two-year period. The judge ordered that Smith must also complete three years of probation and a five-year driving ban.
He handed down the suspended sentence after hearing from defence lawyer Allan Doughty that this was appropriate in the circumstances as Smith had suffered enough through sustaining brain damage in the crash, having a poor quality of life, and losing his best friend and cousin. He also considered the statement from Ms Swan, 27, about the impact of her brother's death. She agreed to share the statement with The Royal Gazette after the hearing.
"I couldn't imagine life without him. Still up to today I think he's coming back home. I think that keeps me going. I attend football games picturing him on the field. I'll visit his house and picture him walking up to me and be a nuisance as brothers can be often," said Ms Swan, of St. John's Road, Pembroke.
Mr. Swan had been selected for the national football team and made his debut in a World Cup qualifying warm-up match against Nicaragua in addition to winning an FA Cup and league championship medal with Dandy Town. Last year, his family gave their blessing for their tragedy to be documented in a hard-hitting road safety campaign. One advert showed Mr. Swan's mother DellaMae placing flowers on his grave. The family plans to continue spreading the road safety message, and in her letter to the judge Ms Swan urged: "While we each leave this court case we must realise that speed has no winner. Death as a result of speeding has a consequence. We all need to take our time on these roads 'cause tomorrow isn't promised to no one."
Speaking after the hearing, she welcomed the suspended sentence, commenting: "Nothing could bring Randy back. Jail ain't going to do nothing. It was the best outcome."
Her mother DellaMae Swan added: "We didn't want him to go to jail. It would not help him. With his head injuries, he would not be able to handle it."
