Mother wants fatal accident charges dropped

A Sydney mother charged with mowing down a group of children on the last day of the school year at Carlingford Public School is "extremely grieved" by the incident, her lawyer says.

Soheila Moghaddam, 46, will apply to have two charges of negligent driving occasioning death discharged under mental health legislation, Burwood Local Court heard on Wednesday.

Ms Moghaddam allegedly performed a three-point turn in a driveway to Carlingford Public School on December 18 and hit Fung Yin On, her son, Akshaaye Balakrishnan, 6, and his two cousins, who cannot be named for legal reasons, as they were walking to school along the footpath on Rickard Road.

Killed: Akshaaye Balakrishnan. Picture: supplied.

Killed: Akshaaye Balakrishnan. Picture: supplied.

Akshaaye, who was visiting from Malaysia for the school holidays, died. His mother broke her leg.

One of the victims, a four-year-old girl, is expected to have a limp for the next 10 years after the car's front wheel went over her, leaving her pinned underneath the back of the car with a crushed pelvis.

Her sister, 5, who was attending her final day of kindergarten, was uninjured.

Ms Moghaddam's lawyer Pierre Joseph Safi told reporters outside Burwood Local Court that the mother, whose two school-aged daughters were in the car when the accident happened, was badly shaken by the ordeal.

"She's extremely grieved, we ask for you all to respect her privacy," he said.

Akshaaye's uncle and the father of the two girls had previously told Fairfax that he didn't want to see anyone punished over the incident.

"It was an accident,'' he told Fairfax in February. ''But we could all take more time to do things. I don't know what you can do to make it safer but I'd like to see more police presence around the front of schools just on the odd occasion to speak to people who they see doing silly things.''

He said their family hoped Ms Moghaddam could move on in the future. ''That's our main feeling, there's no point in ruining other people's lives.''

The practice of turning into the school's driveway during the morning and afternoon drop-off had previously been banned by the school.

Ms Moghaddam will return to Burwood Local Court on July 7 for a one-hour hearing to determine her Section 32 application to be dealt with under mental health legislation. 

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