Ashenafei Demissie, 53, was driving a Volkswagen ID.4 in Borough when it suddenly accelerated in a car park on Friday, November 25 2022, fatally injuring five-year-old Fareed Amir and seriously injuring Mr Demissie’s 12-year-old son.
After a week-long trial at the Old Bailey, Mr Demissie was found not guilty of causing death and serious injury by careless driving.
He said the vehicle moved forward by itself due to a possible software fault.
Mr Demissie said in a police interview: “Suddenly the car jumped. I believe the car jumped because Fareed triggered the sensor. I had never had any mechanical problems with the car before.”
The crash occurred while Mr Demissie was waiting for a parking space outside his flat.
Moments earlier, he had offered Fareed a lollipop.
A Metropolitan Police investigator described the incident as a case of “pedal misapplication” and found no evidence of a vehicle fault.
Mark Still, a police traffic collision investigator, told jurors: “I was unable to find any defect that contributed to the collision and I was unable to make the car accelerate without the driver driving.
“I found no faults with the operation of the vehicle, including steering, brake and acceleration.
“I was unable to make the vehicle move without any additional input.
“You had to make an action to make the vehicle move.”
In court, Mr Demissie denied pressing the accelerator and said news of Fareed’s death left him with “never-ending pain”.
The jury reached its verdict after five hours of deliberation.
Jurors were not told that as a result of publicity, a dozen EV drivers got in touch with case lawyers to report concerns about their cars, including some with the same model that Demissie had.
Fareed died from his injuries and Mr Demissie’s son suffered several fractures to his lower limbs.
The incident was witnessed by both boys’ mothers.
Judge Alexia Durran KC thanked Fareed’s family for their “dignity” during the trial.
A spokesman for Volkswagen was contacted by the Press Association for comment about issues raised in the case.
