A mother has been found guilty of manslaughter after her six-month-old baby was thrown from a car having not been strapped into his seat properly.
Morgan Kiely, then 19, had been drinking wine and ‘relaxing’ at Clacton beach in Essex with a friend, Stevie Steel, alongside her young son Harry Kiely on July 13, 2022.
However as they drove away, the car rolled and ended up on its roof – sending Harry flying from his seat through an open window.
The baby boy tragically died later that night from ‘unsurvivable’ injuries sustained from the crash, including a skull fracture.
Prosecutor Mr Alex Stein previously told Chelmsford Crown Court that the youngster had not been ‘properly’ strapped into the car seat during the drive from the beach to his grandmother’s house.
Harry was sitting in a child seat in the back of the car behind his mother while Steel drove.
Now, Kiely, aged 22, has been convicted of manslaughter by gross negligence and given a two-year suspended jail sentence.
Kiely and Steel were previously said to had planned to drop Harry at Kiely’s mum’s house before heading to Wetherspoons.
Morgan Kiely, 22, has been found guilty of manslaughter after her six-month-old baby Harry was thrown from a car having not been strapped into his seat properly on July 13, 2022. Pictured: Kiely and her young son Harry
Harry (pictured) was sitting in a child seat in the back of the car behind his mother while her friend, Stevie Steel, drove. Prior to the crash, the pair had been drinking rosé on the beach. The baby boy tragically died later that night from ‘unsurvivable’ injuries sustained from the crash
Speaking to the court, a key witness said it was ‘highly likely’ that the straps of Harry’s seat had not been secured.
Mr Stein added: ‘That car seat had not been properly strapped in and more significantly he [Harry] had not been strapped into the seat itself properly.’
He explained that Steel was distracted and hit a parked car, the car ended up on its roof and Harry was ‘thrown or fell’ out the car window.
The court was told that Ms Steel, of Crayford, Kent, previously admitted causing death by dangerous driving by due care while over the prescribed limit.
Kiely had been the passenger in a Ford Focus belonging to Steel when the crash occurred.
Steel was said to have become distracted while driving, causing the car to hit a parked car on Cherry Tree Avenue.
The vehicle, which had been travelling within the 30mph speed limit, rolled and ended up on its roof.
Describing the devastation of the crash, Mr Stein said said the two women had been ‘left hanging upside down, held in by their seatbelts’.
‘He landed on the tarmac and as a young infant he had no way of protecting himself,’ he added.
‘He suffered a devastating skull fracture. It’s a very, very sad case.’
An Isofix Maxi-Cosi car seat and base had initially been installed in Kiely’s grandmother’s car.
The car seat without the base was placed in Steel’s car when she picked up Kiely and Harry at around 3pm on July 13, the court heard.
Now, Kiely, aged 22, has been convicted of manslaughter by gross negligence and given a two-year suspended jail sentence. Speaking to the court, a key witness said it was ‘highly likely’ that the straps of Harry’s seat had not been secured. Pictured: Clacton Beach, where Kiely and Harry had been earlier that evening
Kiely and Steel had bought three bottles of Prosecco at Aldi while on their way to the beach in Clacton with young Harry.
Aged 19 at the time, Kiely bought two bottles of wine and Steel bought one. The pair were described as being ‘just a bit tipsy and happy’.
They spent several hours on the beach and were briefly joined by Steel’s ex-boyfriend Mitchell Bassett.
He offered them a lift to the pub having heard their plans to continue drinking but they declined and chose to drive themselves.
Addressing Kiely, Judge Robert Jay said: ‘Alarm bells should have been ringing in your head at that point.
‘You knew how much Stevie had drunk. You could and should have taken up Mitchell’s offer.
‘A mother should not agree to travel with a drunk driver.’
Judge Jay described the fatal crash as ‘not an accident that was likely waiting to happen’.
He added that ‘maybe 99 times out of 100 the car would not have rolled over at this sort of speed and Harry would have survived’.
Kiely, and Ms Steel spent several hours on Clacton Beach (pictured) and were briefly joined by Mitchell Bassett, Steel’s former partner. He offered them a lift to the pub – but they chose to drive themselves
After hearing the collision, neighbours rushed to the scene, including a retired paediatric nurse who spoke to the 999 call handler and provided some of the immediate care towards Harry.
Kiely was said to have been heard saying ‘my baby, my baby, is my baby okay’.
Emergency services rushed to the scene where they treated Harry for more than an hour. He was later rushed to hospital before being sadly declared dead just after 9pm.
During the trial, the jury reviewed a 999 call from the scene, an officer’s bodycam footage, an expert witness who explained how the child car seat worked, and evidence from Mr Bassett.
Jurors deliberated for an estimated five hours over the course of two days before a guilty verdict of manslaughter was eventually reached.
Addressing Kiely, Judge Jay said: ‘Harry’s safety was your responsibility. It should have been your primary concern that day.’
He added that her negligent conduct that day was a lapse in her otherwise good care of Harry.
‘I think that it is obvious to everyone in this courtroom that you were a very good mother to Harry in all respects, and that this was a singleton failure,’ the judge said.
Addressing Kiely at Chelmsford Crown Court (pictured), Judge Jay said: ‘Harry’s safety was your responsibility. It should have been your primary concern that day.’ He added that her negligent conduct that day was a lapse in her otherwise good care of Harry
Meanwhile, the court also heard that since the crash, Kiely had given up her job as a carer and now has a four-month-old baby.
Benjamin Summers, defending, read out statements to the court which described Kiely as a ‘devoted and loving mother’ to Harry, who was ‘deeply caring’.
She was said to have taken Harry on trips to Liverpool and Scotland in his short life to visit relatives, and had recently returned to work prior to his tragic death.
An expert witness earlier in the trial spoke about the child car seat and how it is designed to work, explaining that it was highly unlikely but not impossible that the straps of the seat had been secured in the car.
Mr Summers said that while Kiely’s behaviour had been a ‘dreadful, dreadful, dreadful error’, he did not believe it made her ‘grossly negligent at the time.’
He added: ‘We say it is not as simple as saying the failure to secure a child in a car seat, full stop, is enough.’
