THE husband of Donna Davies, who was knocked down and killed on Lovely Lane, feels the justice system has failed him for the second time after the Attorney General’s office ruled against sending the case to the Court of Appeal.
Paul Davies, of Whitecross Road, had pinned his hopes on getting the sentence of Balbinder Dhillon, of Montana Close, Great Sankey, increased.
Dhillon, who pleaded guilty to causing death by dangerous driving, was sentenced to two years in prison, which was suspended for two years, at Warrington Crown Court in February.
Paul said: “It is like I’m living in a nightmare and I can’t wake up from it. It’s a miscarriage of justice.”
Mum of four Donna Davies was killed on April 25 after she was knocked down by Dhillon, who was driving an Audi A4 near to Warrington hospital.
The 42-year-old was walking home from Morris dancing with the couple’s 10-year-old daughter when Dhillon drove his car onto the pavement.
During sentencing, his defence team argued that Dhillon, who was suffering from post accident amnesia, had blacked out and called it an ‘uncharacteristic brief episode of dangerous driving’.
Paul, who was married to Donna for 22 years, has vowed to keep on fighting to get justice for his wife.
The 44-year-old said: “I found out the day after Mother’s Day that the case was not going to an appeal. Mother’s Day was tough enough but now this.
“I feel like I am the one being punished. I keep looking up to the sky and asking if I can have a week off from the pain or something bad happening.”
With the anniversary of Donna’s death at the end of the month, the father of four said the loss of his wife has not got any easier with time.
He added: “My two youngest children are still in care. There has just been a review and I can still only see them once a month for an hour and a half.
“I started drinking because of the shock and now I can’t see my kids. My life was torn apart but the man who did this can see his children every day.”
Speaking after the decision, the head of the Crown Prosecution Service Mersey-Cheshire’s Crown Court team Geoffrey Fryar said: “We forwarded this case to the Attorney General’s office for them to consider if the sentence could be referred to the Court of Appeal as unduly lenient.
“The Solicitor General carefully considered the case but decided not to refer it as he felt that it was unlikely that the Court of Appeal would increase the sentence.
A spokesman for the Attorney General’s Office added: “The Solicitor General offers his sincerest condolences to Mr Davies for the tragic loss of his wife Donna.
“He was asked to look at the sentence handed to Balbinder Dhillon and, after looking at all the facts, concluded that the judge had considered the relevant issues, and decided therefore that the Court of Appeal would not increase the sentence.”