An Iraqi refugee who had police drop groceries off at her house after killing an 11-year old school boy in her car has walked free from court with a fine.
Jack Davey, 11, was sitting with his friends on an outdoor bench at Auburn South Primary School, in Melbourne’s east, on October 29 last year when Shaymaa Oun Ghazi Zuhaira’s Toyota RAV4 SUV crashed through the fence and into a group of Year 5 students.
In a plea deal, offered-up directly by Victoria Police, the mother of three pleaded guilty to a single charge of careless driving.
On Wednesday, she fronted the Melbourne Magistrates’ Court where she was convicted and sentenced to a paltry $2000 fine and had her licence cancelled and disqualified for two years.
Under the law, Magistrate Vincenzo Caltabiano was only able to fine the killer a maximum of $2371 – jail was not even an option.
Daily Mail can reveal Victoria Police went out of its way to protect Zuhaira from the outset of the tragedy and shield her from media attention.
‘We are aware there are media personnel at the Hawthorn East address of the woman who was driving the car involved in the crash,’ a spokesperson stated in a blanket media release on October 30 that year.
‘Whilst we understand and respect your interest in what happened and subsequent reporting, we kindly ask that you move on from the address as it’s causing deep distress to family, including young children.’
Justice delivered: Top cop drops groceries to Shaymaa Oun Ghazi Zuhaira after she killed 1-year old Jack Davey
Jack Davey (pictured), 11, was sitting with his friends on an outdoor bench at Auburn South Primary School, in Melbourne ‘s east, on Tuesday afternoon when a Toyota SUV crashed through the fence and into a group of Year 5 students
A week later, Victoria Police officers were seen delivering groceries to Zuhaira’s home.
Four other children – including two 11-year-old girls, a 10-year-old boy and a 10-year-old girl – were seriously injured in the crash and continue to struggle with their injuries.
Images captured by Daily Mail then revealed an inspector was among the Victoria Police food delivery mission.
‘Police officers continue to work to support the welfare of those involved,’ a spokesperson told Daily Mail then.
‘Police did not provide the groceries.’
In sentencing, the court heard police could not determine how Zuhaira came to crash her SUV into the school grounds.
But detectives believe she likely hit the accelerator rather than the brake.
CCTV captured down the street showed Zuhaira mounted a median strip and footpath, ploughed through a fence and into the picnic table where Jack was sitting.
Shaymaa Oun Ghazi Zuhaira and her husband hid their faces upon entering the court
Jack’s parents Michael and Jade Davey could not hide their disgust in the charge police laid against their son’s killer
Crash scene investigators at the tragic scene where Jack Davey was killed
It was footage the media were denied access to by Magistrate Caltabiano.
The sentence comes as a massive slap in the face to the parents of little Jack.
In a heart breaking victim impact statement, Jack’s mum Jade Davey recalled being told Zuhaira had gone on an overseas holiday after the crash and would only be charged with careless driving.
‘What an insult,’ she told the court.
‘If there is no charge for killing him, where is the justice?’
Zuhaira could not even find the respect to keep quiet as Jack’s devastated father Michael attempted to read his victim impact statement to the court.
‘I swear I’m sorry, I’m really sorry,’ Zuhaira sobbed loudly as he spoke in the witness box.
Mr Davey broke down as he described how Zuhaira’s actions had stolen his boy away from him.
Shaymaa Oun Ghazi Zuhaira’s SUV after it mowed down Jack Davey and his mates
The crash shocked and sickened the community
Job done, police drop off groceries at Shaymaa Oun Ghazi Zuhaira’s home after the crash
‘Now if I want to be near him I drive to Springvale Cemetery. I lie in the dirt and cry into his grave,’ Mr Davey said.
‘Him being stolen from our world on October 29 last year has left me broken.
‘You destroyed the life our family cherished. How dare you.’
Mr Davey also took a swipe at the legal ‘experts’ who chose not to pursue more serious charges against his son’s killer.
‘Being in court today is unbearable, seeing you in person for the first time in my life. We don’t even know you,’ he told Zuhaira.
‘Charged with careless driving. Failing to keep a lookout is careless driving. Not keeping a proper distance is careless driving. You crashed your car through the fence of a primary school playground, hitting five children and killing our son.
‘It is an insult. It hollows me. The entire process, the police investigation, the legal system – I feel ill just standing here, helpless.’
Despite Zuhaira’s tears in court, she had done her best to shield herself from scrutiny.
Jack has been remembered as a valued member of the Titans basketball community and Gladiators football club, as well as a keen futsal player
Before pleading guilty to the crime, the killer had tried to have a court-imposed gag order issued that would have kept her name a secret.
She had used her own child’s mental health to back her application, which was denied by Magistrate Caltabiano.
Zuhaira had also tried to claim to the magistrate that she had been suffering from mental illness at the time of the crash.
Her so-called mental illness stemmed from a meeting she had with teachers about her child’s behaviour in the hours before she killed Jack.
Zuhaira had banked on expert evidence from forensic psychologist Jeffrey Cummins, who claimed Zuhaira was suffering the mental effects of that meeting when she got in the car that afternoon.
‘I do not accept the findings of Mr Cummins,’ Magistrate Caltabiano said.
‘Consequently I do not accept that your moral culpability is reduced as a result of your mental state at the time.’
In sentencing, Magistrate Caltabiano took into account Zuhaira’s early guilty plea, remorse and her otherwise flawless criminal history.
Shaymaa Oun Ghazi Zuhaira had hoped to avoid media scrutiny over her atrocious actions
The court heard Zuhaira had come to Australia as a refugee in 2015 and worked as a laboratory technician after earning her qualifications in 2022.
She made no comment as she left the court on Wednesday.
As part of her sentence, Zuhaira must also complete a safe driving course.
The killer could have faced up to ten years in jail if she had been charged and convicted of dangerous driving causing death.
The reason why Zuhaira is not facing the more serious charge remains unclear.
