Death driver dentist is back on the road
A dentist who caused the death of an 11-year-old boy in his Porsche said he now finds driving ‘quite an apprehensive experience.’
Hassan Maan, 31, caused the death of Flynn Morrissey as his mother was taking him to school with his brother on 16 September 2013, the General Dental Council heard today (Thu).
Maan lost control of his red Porsche Cayman in wet conditions and drove onto the opposite carriageway on a bend of the A34 in Alderley Edge Cheshire.
He careered into Nicola Clifford’s Ford Focus, causing Flynn fatal injuries, despite the fact he was wearing his seatbelt.
Maan’s case featured in BBC4 documentary The Prosecutors: Real Crime and Punishment in February this year, in which prosecuting barrister Gareth Roberts confided to the cameras: ‘If I was on the other side, defending this case, I’d think ‘I’ll win this’.’
Maan, of Eton Drive, Cheadle, was found guilty of causing death by careless inconsiderate driving and sentenced to 150 hours unpaid work, a 12-month community order, one year driving ban and ordered to pay £4,200 costs at Chester Crown Court on 13 February 2015.
The GDC heard how Maan had spoken to Flynn’s mother following his conviction and how she told him that seeing how sorry he was about the incident brought ‘closure’ to the family.
Maan has since resumed driving on the expiration of his driving disqualification this February.
Oliver Renton, for the GDC, said: ‘This is a conviction matter, brought about by the registrant’s self referral on 16 February 2015.
‘The conviction came about from a tragic car accident on 16 September 2013.
‘Dr Maan had been driving his red Porsche Cayman was along Melrose Way in Cheshire when he started to enter a left hand bend.
‘He lost control and drove across the road before colliding head-on with another car driven by a then-45-year-old woman and her two children, aged 17 and 11.
‘All three were injured, but it was the younger of the two children who succumbed to his injuries and died.
‘Dr Maan, who was injured in the crash, got out of the car and to his considerable credit attended to those injured and attempted to provide assistance until the emergency services arrived
‘When they arrived, Dr Maan was asked to provide a specimen of breath, which tested negative for alcohol.
‘At Cheshire Crown Court, he pleaded not guilty, but was found guilty after trial and sentenced to 150 hours unpaid work, a 12-month community order, an order for costs and a 12-month disqualification from driving.
‘He self-referred himself to the GDC some three days later.
‘The same year, he did seek leave to appeal his conviction at the Court of Appeal but was refused.
Maan, giving testimony to the panel, said he was still affected by the incident and found it difficult to be back behind the wheel.
Maan said: ‘I still find driving quite an apprehensive experience, especially when the roads are wet, but there have been no further incidents since I resumed driving.’
Speaking about his meeting with Flynn’s family after the trial, Maan said: ‘It was a chance for me to personally apologise about what happened.
‘She [the mother] wanted us both to try and move on with our lives.
‘The mother mentioned that she wasn’t interested in the legal proceedings, it was more to meet me and see how sorry I was for what happened and she didn’t want the boy’s life to bring any more suffering to anybody else.
Maan told the hearing that he decided to appeal his conviction on the advice of his legal counsel, but that it did not have any adverse impact on the victim’s family.
‘I took that advice from my legal counsel and that was the advice they gave me,’ he said.
Mr Renton asked what effect on the family’s closure his attempted appeal might have had.
Maan replied: ‘The legal position was something that wasn’t – she wasn’t interested in it at all, it was more her meeting me and that was what she needed to bring closure to the family.
‘I can only say it was the advice given to me by my legal team, but I fully accept the jury’s decision that I was guilty.
‘A man of professional standing shouldn’t be involved in such matters that such an event can bring unwanted attention to the profession, doesn’t show the profession in good light.
Mr Renton then asked Maan what he thought an impartial observer would think of his being allowed to continue to practice.
Maan replied: ‘I would hope that they would see how very, truly sorry I am for what happened. I hope that they would see I have tried to not let it effect the care I give.
‘I’m still trying to be the very best dentist I can be. Even though I am really sorry about what happened, I try not to let it effect my patients.’
Mr Renton said: ‘The fact that he has self referred is to his credit.
‘Nevertheless, the fact that he didn’t plead guilty at the first opportunity, and his subsequent attempt at appeal, may call into question to some extent that insight he has shown.
Mr Renton also referred to the sentencing remarks of the judge in Maan’s criminal hearing, who concluded: ‘You have got a lot of skill to offer society and you will be paying them back by use of your skill and talent, I am quite sure.’
Mr Renton concluded: ‘Given the tragic and irreversible consequences, I submit that the panel should find current fitness to practice impaired on public interest grounds alone.’
Shaheen Rahman, defending, said: ‘When looking at the issue of current fitness to practice, you should find it is not currently impaired.
‘In my submission, this is not a finding that you should reach. This happened some considerable time ago, in 2013.
‘What really the focus needs to be on is the fact that this was a careless driving conviction and what you will have seen from the sentencing remarks is that it was the lower end of the spectrum.
‘What we have here is somebody who has had a momentary lapse in attention with tragic consequences.
‘In terms of the not guilty plea, competing explanations were put forward for the crash.
‘The experts called in the case did consider the possibility of the rain fall and the aqua-planing as a cause.
‘This was the defence as to why he shouldn’t be found guilty.
‘It in no way takes away from the insight Dr Maan has shown and, more to the point, I can say that the remorse was shown throughout the trial.
‘At the end of the trial, they were able to draw a line under it. The family wanted no more to befall Dr Maan.
‘In those circumstances it is wrong to suggest that the appeal added in any way to the suffering of the family.
‘There’s no dishonesty and, in terms of his conviction, he has done his sentence.
‘He’s not set in any way to feel sorry for himself during this gruelling period.
Maan admits he was convicted of causing death by careless inconsiderate driving.
The GDC panel now has to decide whether Maan’s current fitness to practice is impaired.
The hearing continues.
ends