Sister of hit-and-run teen slams court decision

7:22pm Friday 15th June 2007

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The sister of an Isleworth teenager killed in a hit-and-run has criticised the appeal court's decision to slash the driver's sentence.

Marcus Macfarlane's family were left devastated when the seven-and-a-half year jail term given to driver Nicholas Capp was reduced to six years by the Court of Appeal.

Marcus, 18, of Richmond Road, was knocked down on the Great West Road as he returned home from a World Cup party in the early hours of June 11 last year.

He was hit by the Renault Laguna driven by Capp, as he went through a red light at more than 10mph above the 40mph speed limit.

This week, Marcus's older sister, Samantha, said: "I did not think it was a fair judgement.

"It sends out the wrong message that after four-and-a-half years, he will get off scot- free, still enjoy life and do all the things that Marcus cannot do."

The fact is the man is 44-years-old and should have received a much harsher sentence, especially as he pleaded guilty only after being arrested by police five weeks later."

Last October, Capp of Ealing Road, Brentford, admitted causing Marcus's death by dangerous driving and perverting the course of justice by leaving the victim dying in the road and attempting to dispose of his Renault Laguna car.

Lawyers appearing for unemployed Capp, who was not insured and had not registered his vehicle, argued that the sentencing judge had passed an excessive sentence in relation to the death by dangerous driving charge.

Lord Justice Longmore, Mr Justice Holland and Mr Justice Nelson, reduced the portion of his total term to four-and-a-half years.

However, the three top judges agreed the separate sentence of attempting to pervert the course of justice was to remain.

Millets, where Marcus worked part-time, has placed a memorial bench outside the store in Kingston.

Samantha, now living in Tottenham, confirmed that the family have vowed to write to the Attorney General to dispute the appeal ruling.

She said: "We can never have Marcus back and the pain we feel will stay with us forever. The justice system has let us down."