WARNING: This story contains the name and image of a deceased Indigenous person
The heartbroken mother of an Aboriginal teenager who was killed when he crashed into a police officer’s unmarked car said she doesn’t wish for the cop to go to jail.
Benedict Bryant, 47, was behind the wheel of an unmarked police car when 16-year-old Jai Kalani Wright was thrown off an allegedly stolen trail bike and hit the vehicle in Alexandria, in Sydney’s inner city, in February 2022.
The teen suffered critical head injuries and died at Prince Alfred Hospital the following day.
Sergeant Bryant was last year found guilty of dangerous driving occasioning death, a charge that carries a maximum penalty of 10 years imprisonment.
On Friday, before the Downing Centre District Court, Bryant appeared in court supported by several members of the NSW Police force and the police union.
Dozens of members of Jai’s family also attended court, wearing custom made T-shirts with Jai’s face on them.
The 16-year-old’s mother Kylie Aloua read a gut wrenching victim impact statement to the court, stating her grief is “lifelong”.
“This was not just an accident, this was my son’s life … this might be seen as just a statistic but to me it is my son,” she said fighting back tears.
While Ms Aloua says there has been no remorse shown or apology offered, she does not wish for Bryant to serve a jail sentence.
“I would not wish for your family to live through the loss I have lived through,” she said.
She added she will “never be the same”, and lives in “constant fear” that she could lose another child.
Jai was “deeply loved” by many, Ms Aloua said, and even in death he gave life through organ donation which saved three lives.
“He deserved the chance to learn from his actions and to grow and live his life,” she said.
Meanwhile, Jai’s father Lachlan Wright says writing the impacts of his son’s death was one of the hardest things he’s ever had to do.
“It’s hard to face my feelings … and the impacts of losing Jai,” he said.
Mr Wright explained that his son was the “second Jai” he has had to lose, after his cousin was killed when he was just 20 years old.
“We named our son in memory of my cousin … he was meant to be forever,” he said.
“My children will grow up without the most loving one of them all.”
“All we have is a big family without the glue that kept us all together … without ‘Jai Jai”.
Judge Jane Culver said the loss of Jai is a loss to the community and noted that his family has “suffered greatly”.
Bryant created a “roadblock”
During the judge alone trial, the court was told that on the morning of the crash, police were investigating Jai and two other teenagers after they had allegedly stolen two luxury vehicles as well as a trail bike.
Bryant, who was driving an unmarked police vehicle at the time, was called to assist but was given clear instructions that nobody was to pursue the stolen bike.
Meanwhile Jai rode the trail bike at about 68km/h in a 40km/h zone on Henderson Rd in Eveleigh.
Moments before the collision, Bryant turned right onto the intersection of Henderson Rd and Davy Rd and was coming to a stop as he saw the bike approaching in a bike lane.
He did not activate his lights or sirens as he turned into the intersection.
Jai then hit an obstruction at the end of the bike path and was sent airborne, flying several metres before hitting the windscreen of Bryant’s vehicle while the officers were still inside.
In her reasons late last year, Judge Culver that the Crown had proved beyond reasonable doubt that Byrant drove in a dangerous manner.
She said, during her tense judgment, the Crown had proved that Bryant effectively “established a roadblock” and used his car as a barrier or obstruction without reasonable grounds.
Judge Culver said there was no evidence to suggest the sergeant intended to hurt the teen in any way.
However, she instead found a person of his experience should have known creating the obstacle would pose a real risk of a collision with the bike.
Crown prosecutor Phillip Strickland SC had submitted that Bryant was an experienced police officer of more than 22 years, with the Crown arguing he should have been aware of the potential danger of the road.
While the Crown argued Bryant ought to have known when he created a roadblock that there was “significant risk of serious injury or death” to Jai, the cop’s barrister Brent Haverfield SC argued his client was “carrying out a duty” he was called to.
“He wasn’t pursuing … he was carrying out a function which he had a duty to do, and he made a misjudgment,” he told the court.
The defence also noted that Bryant is of good character, having been on the police force for over two decades, and with no criminal history.
Bryant had also previously admitted he misjudged how fast Jai was travelling.
Bryant’s solicitor Paul McGirr indicated following the guilty verdict their intention to appeal the ruling, adding “a number of families”, including the police’s family and the young person’s family, were hurting from the incident.
Bryant will appear in court later this year for sentencing.
Permission was given for Jai to be named and pictured by the media during the proceedings.
