A research doctor, who lost his only son when he inexplicably stopped in the middle a busy dual carriageway, causing a speeding tipper lorry to crash into the family car, has received a suspended sentence along with the HGV driver.
Dr. Ngianga-Bakwin Kandala, 45, claims his mind is a "blank" concerning the tragedy, which claimed the life of ten year-old Hendrick Kandala, (pic.top) who was sitting in the back seat next to his two sisters, when he suffered a fatal brain injury.
Dr. Kandala, (pic.mid.) of Dorchester Way, Coventry, who leads a research team at the city's University Hospital and Nathan Hopgood, 45, (pic.bottom) of Norman Court, Edenbridge, Kent were both convicted of causing death by careless driving.
Woolwich Crown Court heard CCTV captured Dr. Kandala's Peugeot hatchback performing an emergency stop on the A20 Sidcup Road, Eltham on November 2, 2011 moments before Hopgood's lorry collided with the vehicle.
The fully-loaded lorry was travelling at approximately 53 mph in a 40 mph zone and Hopgood was driving too fast to avoid colliding with the car, which also contained Dr. Kandala's wife Diane, 35.
Judge Anuja Dhir QC announced: "This is a tragic case. An innocent ten year-old boy lost his life as a result of carelessness from two grown men and one of those men was his father.
"It is a matter of chance no one else was killed or seriously injured when Dr. Kandala stopped suddenly and without good reason and Mr. Hopgood was driving his lorry too fast to prevent a fatal collision.
"Each of you will have to live with the consequences of your actions, which have not only ended the life of Hendrick Kandala, but blighted the life of his mother and other family members.
"For Dr. Kandala the responsibility for causing his son's death will be a heavy burden to bear.
"Mr. Hopgood had a degree of responsibility to other road users, but drove significantly in excess of the speed limit on an A road and Dr. Kandala was directly responsible for the children in his care, but effected a thoroughly dangerous manoeuvre, stopping the car without warning or good reason."
Hendrick was rushed to hospital, but with the consent of his parent's his life support machine was switched off the next day.
Dr. Kandala was sentenced to twelve months imprisonment, suspended for twelve months, disqualified from driving for fifteen months and ordered to pay £3,270 costs.
Hopgood received ten months, suspended for twelve months, a ten month ban was ordered to pay £1,200 costs and must pass an extended driving test to regain his licence.
Dr. Kandala's lawyer Mr. Tim Brown said: "He should not suffer immediate custody today. I point to the remorse and devastation and the fact that he has lost his only son.
"The victim's in this case include Dr. Kandala himself, it is a truly tragic situation."
There is still no explanation for the sudden stop in the middle of fast-moving traffic, but Mr. Brown added: "Whatever it was, a momentary distraction, it caused a wrong reaction that caused the car to stop,
"This is an exceptionally unusual case and there are none of the usual aggravating features, no drugs or alcohol, no course of driving.
"Whatever the actions of the court they cannot match the punishment that is his.
"The family is devastated by what has happened, but they are holding together as a unit and his surviving children need the support of their father."
Dr. Kandala's wife is due to give birth to another child on December 21.
"Dr. Kandala is an exceptionally worthwhile individual in many respects and immediate custody would be beyond what is necessary.
"He has a blemish-free driving record of over twenty years to this point and it was a momentary aberration rather than a course of conduct where he deliberately took a risk.
"He has been taxed about why it happened and simply says: 'I don't know.'
"Going to prison today would add devastation on devastation. this is a tragic and unique case."
Hopgood's lawyer Mr. Tom Stern told the court: "This man is deeply, deeply saddened and troubled by the fact there is a loss of life in this case.
"He has not driven trucks since this event and the effects have been devastating on him."
The court heard hopgood has received counselling for post-traumatic stress disorder and Mr. Stern added: "The vehicle ground to an emergency stop in front of him."
Hopgood was the only driver under police investigation until CCTV images recovered a year later revealed Dr. Kandala's careless driving.
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