An Iraqi refugee who had law enforcement deliver groceries to her home after being involved in a tragic accident that killed an 11-year-old boy has been fined in court but avoided jail time. 

Jack Davey was enjoying time with friends on an outdoor bench at Auburn South Primary School, located in Melbourne’s east, when Shaymaa Oun Ghazi Zuhaira’s Toyota RAV4 SUV crashed through the nearby fence on October 29 of the previous year, impacting a group of fifth graders. 

In  a plea deal, offered up directly by Victoria Police, the mother of three pleaded guilty to a single charge of careless driving. 

During a hearing on Wednesday, she appeared at the Melbourne Magistrates’ Court, where the judgment resulted in a $2,000 fine alongside the cancellation and disqualification of her driving licence for a period of two years. 

Under the law, Magistrate Vincenzo Caltabiano was only able to fine the killer a maximum of $2,371 – jail was not even an option. 

The incident also left other children — including two 11-year-old girls, a 10-year-old boy, and a 10-year-old girl — with significant injuries from which they are still recovering. 

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 understand there are media representatives present at the Hawthorn East residence of the woman who drove the car involved in the incident,’ a spokesperson mentioned in a wide-reaching media announcement on October 30 of 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.’ 

A week later,  Victoria Police officers were seen delivering groceries to Zuhaira’s home.

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. 

CTV footage from down the street showed Zuhaira mount a median strip and footpath, plough through a fence, and crash into the picnic table where Jack was sitting. 

It was footage the media were denied access to by Magistrate Caltabiano.

The sentence comes as a massive slap in the face to Jack’s grieving parents.  

In a heartbreaking 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 from him. 

‘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. 

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 she 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. 

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 10 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.

Outside court, Mr Davey called for reform. 

‘This process has highlighted the inadequacies in the laws governing careless driving and absence of an appropriate charge for the type of driving that occurred in this case,’ he said.

‘We welcome a discussion with legislators to bring Victorian road laws in line with other states, namely that there is some recognition of the serious injury and death that our children were exposed to due to the carelessness of the road user.

‘We also call for a review of licensing laws and how they properly assess and govern the provision of licences to people over the age of 25. Our children deserve greater protection and more just consequences than what they were afforded today as a result of the unbearable tragedy of October 29 last year. It is their lives and their safety at stake.’