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Family fight for justice after driver without licence is spared jail for killing dad

Relatives of a dad who died in a crash have hit out after the killer who smashed into him was spared jail.

Edward Scott-Bennin, 49, hit Tommy McEniry, 30, after turning into his path while driving without a full licence and fraudulent insurance papers.

The victim’s family waited over two years to see Scott-Bennin punished but say ‘justice hasn’t been served’.

Tommy with partner of 12 years Jade and their children Brooke, seven and Harley 11 (Picture: The McEniry family)

Tommy with partner of 12 years Jade and their children Brooke, seven and Harley 11 (Picture: The McEniry family)

Edward Scott-Bennin got a suspended sentence for the crimes which Tommy's family said was 'unfair' (Picture: Central News)

Edward Scott-Bennin got a suspended sentence despite admitting death by careless driving without legal insurance documents (Picture: Central News)

Partner Jade said their youngest child, Tommie, aged four, struggles the most because he doesn't understand (Picture: The McEniry family)

Partner Jade said their youngest child, Tommie, aged four, struggles the most because he doesn’t understand (Picture: The McEniry family)

Tommy’s sister Kimberley Powell, 28, told Metro.co.uk: ‘That was not justice at all. You took away my brother, my niece and nephew’s father, their mother’s partner, my mother’s son, and he just walks away free.

‘I feel like he’s walking away laughing. But our lives have been ruined.’

Scott-Bennin was given a nine-month prison sentence suspended for 18 months after being found guilty.

Kimberley described it as nothing more than a slap on the wrist and the family have started a petition to have the punishment reviewed.

She said that Scott-Bennin has never apologised for her brother’s death and wonders if class had a part to play.

Scott-Bennin is a celebrity personal trainer and has shared pictures of himself with the likes of Ryan Reynolds and Chris Eubank.

Kimberley said: ‘[Scott-Bennin’s] family are rich. I feel like they look at us like peasants and his family are above us.’

As well as the suspended sentence he was given a three-year driving ban and told to carry out 200 hours of community service for the January 26, 2017, crash.

Harley has become 'withdrawn' and barely speaks following his dad's death (Picture: The McEniry family)

Harley has become ‘withdrawn’ and barely speaks following his dad’s death (Picture: The McEniry family)

Baby Tommie always asks when his dad is coming home (Picture: The McEniry family)

Baby Tommie always asks when his dad is coming home (Picture: The McEniry family)

The judge told the court Scott-Bennin's family would financially struggle if the celebrity personal trainer were to be imprisoned (Picture: Central News)

The judge told the court Scott-Bennin’s family would financially struggle if the celebrity personal trainer were to be imprisoned (Picture: Central News)

Tommy’s cousin Jacqueline Ditch, 30, added: ‘They were more concerned about his children and his wife than about Tommy’s partner and their kids. But his life has not stopped, it hasn’t been affected.’

Judge Robin Johnson told the court Scott-Bennin was not a danger to the public and his wife and children would struggle without her husband’s finances, to which Tommy’s girlfriend Jade Coulson, 29, shouted from the gallery: ‘Welcome to my world’.

Jade, mother to Tommy’s three children – Harley, 11, Brooke, seven, and Tommie, four – said waking up as a single parent was ‘the hardest thing in the world’ and said she now supports the family on a part-time sales assistant wage, unable to afford full-time childcare.

The mother, who lost her own father when she was 14, said her youngest, Tommie, is the ‘worst’ affected, who cries for his dad and is unable to understand he’s not coming back.

She said: ‘I’ve tried to explain that their daddy is a star in the sky but Tommie always asks “when’s he coming back down?”.’

Jade said she struggles to balance caring for her grieving children while also dealing with the heartache of losing her partner of 12 years.

Jade spoke out about the struggles of taking care of three kids while grieving for Tommy (Picture: The McEniry family)

Jade spoke out about the struggles of taking care of three kids while grieving for Tommy (Picture: The McEniry family)

The family say they won't stop until justice is served (Picture: The McEniry family)

The family say they won’t stop until justice is served (Picture: The McEniry family)

Tommy died at the scene of the crash in Chelsea (Picture: The McEniry family)

Tommy died at the scene of the crash in Chelsea (Picture: The McEniry family)

She said: ‘So many times I’ve wanted to give up but I can’t show my emotions, I have three kids to pick up.

‘Some days I don’t want to get out of bed but I have to, I can’t fail my children.’

Their daughter, Brooke, constantly looks at pictures of Tommy and advises grieving family friends to ‘look in the sky and speak to my daddy’ when they’re sad, but their eldest Harley is ‘very withdrawn’ and ‘doesn’t talk’ anymore, Jade said.

‘I had to go home on Friday and tell him he’s [Scott-Bennin] not in prison,’ she said.

‘Harley cried. He’s broken, like every single one of us.’

Kimberley said Tommy’s four siblings have ‘drunk a lot’ to cope, while their mother Lorraine who has bipolar, Parkinson’s disease and uses a wheelchair, has deteriorated dramatically.

She needs sedative medication to cope with the anxiety and recurring nightmares of losing her son, they claim.

Sister Kimberley said their lives have been 'ruined' over the loss of her 'incredible' brother (Picture: The McEniry family)

Sister Kimberley (pictured as a child) said their lives have been ‘ruined’ over the loss of her ‘incredible’ brother (Picture: The McEniry family)

Tommy's mother Lorraine's health has deteriorated while dealing with the anxiety of losing her son (Picture: The McEniry family)

Tommy’s mother Lorraine’s health has deteriorated while dealing with the anxiety of losing her son (Picture: The McEniry family)

Jade, Kimberley, and Jacqueline described Tommy as an ‘incredible’ and ‘giving’ person who ‘touched a lot of people’, giving ex-convicts jobs at his scrap yard business.

He was passionate about motorbikes from a young age and was riding one to a hospital appointment when he was thrown into the air by the force of Scott-Bennin’s car.

Jade recalled the moment she found out he’d died, three hours after paramedics battled to save him with ‘open heart surgery’ in the middle of Kings’ Road, Chelsea.

She said: ‘The police knocked on my door and said he’d been in an accident. At that point I knew.

‘I don’t know how you take that in. Then to have to sit down your children and tell them.

‘No one has been able to grieve properly because we’ve had this court case hanging over us. This is what we’ve all had to work towards – getting justice for everybody.

‘But now that’s stopped, we’ve all had to accept that’s the end, but it’s not an end because there’s no justice.’

The family said Tommy helped 'everyone' and gave ex-convicts a chance at his business (Picture: The McEniry family)

The family said Tommy helped ‘everyone’ and gave ex-convicts a chance at his business (Picture: The McEniry family)

The father had a passion for bikes from a young age (Picture: The McEniry family)

The father had a passion for bikes from a young age (Picture: The McEniry family)

Tommy pictured with Kimberley (to his right), sister Vicky and brother Shane (Picture: The McEniry family)

Tommy pictured with Kimberley (to his right), sister Vicky and brother Shane (Picture: The McEniry family)

The family said they'll never give up until they get closure and justice for Tommy's death (Picture: The McEniry family)

The family said they’ll never give up until they get closure and justice for Tommy’s death (Picture: The McEniry family)

Defending Scott-Bennin, Malik Aldeiri, told Metro.co.uk: ‘The judge was entitled to take into account all the features of the case, including the fact that Eddie was a hard working professional, a respected and highly regarded member of the community, and devoted father and husband.

‘A number of eye-witnesses at the scene reassured Eddie that it was not his fault as the motorbike rider was going too fast.’

Judge Johnson told Scott-Bennin during ruling: ‘The police report stated that you turned right when there was no green filter light.

‘Your decision to turn right caused the accident. There was no obstruction to your view.

‘You were neither licensed to drive without supervision and your insurance had been obtained by fraud.

‘It may be of little comfort to the family that a sentence cannot be a measure of a life.’

A protest will be held for Tommy on Thursday at 6pm, on King’s Road outside Metro Bank.

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