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Grieving mum's anger as charge against James Dye reduced to careless driving

By Nicola Jordan

A mum whose son was killed in a road accident is devastated the driver now faces a lesser charge.

James Dye previously faced a count of causing the death of Ismael Martinan-Brittain by dangerous driving.

Instead he has admitted causing the death of the teenage motorcyclist by careless driving.

Ismael Brittain

Heartbroken mum Maria Brittain only learned of the revised charge when she saw it on KentOnline and is furious she was not forewarned.

She said: “It came as a complete shock. After the pain I have been through surely somebody could have had the courtesy to have given me the heads-up beforehand, then at least I would have been prepared.”

It was yet another blow for mum-of-three Mrs Brittain, 48, who is still awaiting results of an inquiry launched following failings that led to her son’s body decomposing in a hospital morgue.

As a result she had to bring the date of his funeral forward which coincided with his 20th birthday.

Dye was driving a Ford Focus when he collided with the motorcycle ridden by Ismael in Princes Avenue, Chatham, near the junction with Heron Way, on January 2.

Dye has also been accused of a separate offence of dangerous driving, which is being committed from magistrates’ court.

Maria Brittain

Ben Irwin, defending, said Dye, who is facing a jail sentence, would plead guilty.

Adjourning sentence until May 4 for reports, Judge Charles Macdonald QC said at the hearing at Maidstone Crown Court: “What I am interested in is the danger he presents to the public.

"I appreciate he has some mental health issues.

“My provisional view is this is a case for immediate custody on the basis it doesn’t fall short of dangerous driving, and because of his driving history.”

Mrs Brittain, of St Mary’s Island, said in a statement after her son’s death: “Ismael was a good son who was dedicated to his loving family, his motorcycles and the gym.

"He was a loving son who kept family his priority in life and would do anything for his family and friends. Ismael will be missed with a heavy heart everyday by those who had the pleasure of knowing him.”

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