Tragic crash near Chelmsley Wood Asda was the battle 'remarkable' disabled woman couldn't win
by Carl Jackson, https://www.facebook.com/CarlJacksonBCC/ · Birmingham LiveA tragic car accident which killed a 'remarkable' disabled woman was the one battle she could not win, her brother has said. Julia Relph, 54, suffered fatal injuries after being knocked from her mobility scooter by a Nissan Qashqai near Asda in Chelmsley Wood, Solihull on Saturday, October 1, 2022.
Karen Lynch, 65, who was behind the wheel, put herself in an 'unsafe position' on Bosworth Drive, and clipped a Hyundai i20 in front of her before mounting the pavement near the entrance to the supermarket car park. But she was spared immediate imprisonment at Birmingham Crown Court on Tuesday, November 12.
Ms Relph's brother Paul Earp had said he and his mother had been left heartbroken by the loss. He recalled the moment he received a call from police saying: "Are you sitting down? It's your sister. She's been in an incident at Chelmsley Wood Shopping Centre. Unfortunately she's died."
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Mr Earp said his mother, aged 83, had been left 'constantly asking, why and how' it happened. He added: "Julia rang mum every day at 11am. Mum still sits there now waiting for her call even though she knows it's not coming.
"If anyone deserved a break in life it was my sister. For her to be killed in the way she was, just going to the shops on the footpath, is just not right. Sadly it was the one battle she couldn't win."
Mr Earp described Ms Relph as a 'special person', confirming she was born with Spina bifida and had been used a wheelchair for her entire life. He told of the adversity she went through, having been just ten when they lost their father.
He said Ms Relph had been 'in and out of hospital' having undergone 20 operations as well as endured 'cruel comments' and even being robbed while in her wheelchair. Mr Earp said: "But Julia only ever saw the good in people, never the bad. She loved life and her dogs. She was always smiling and being positive. She never let her disability stop her doing things and get her down.
"At her funeral a number of people commented to me about her smile, adding she was always happy and never down. She was so caring and loving, she would go out of her way to help others even though she was disabled."
Mr Earp added his sister would never be forgotten. Judge Kerry Maylin also paid tribute to Ms Relph based on what she had read about her. She said: "She clearly was a remarkable and tenacious woman who saw good in people around her, loved and valued her family and was clearly and all-round good egg. She was a bright, happy and good person."
Tragically, Ms Relph and Lynch were known to each other. Sharon Bailey, defending, said: "Ms Lynch has punished herself probably more than anything the court could do.
"She is acutely aware of the pain and distress caused to the deceased's family. They were known to one another. The family of the deceased had some contact with her family. That is clearly something that weighs on her very heavily."
She added Lynch had become 'withdrawn' in life since the incident and had also given up driving, not withstanding an interim ban. The court was told on the day of the accident she had been travelling slightly faster than the car in front, which she hit, but she was not speeding.
Lynch, a mother, of Bosworth Drive, admitted causing death by careless driving. Judge Maylin ruled she was 'only just above the threshold' for the offence. She sentenced her to six and a half months suspended for 18 months, saying the term was 'not a reflection on the value' of Ms Relph's life.
Lynch was also ordered to carry out 25 days rehabilitation activity and banned from driving for 18 months. She must complete an extended re-test before she can get behind the wheel again.