A BABY boy died after being thrown from a car window because he was not strapped in properly during a drink-drive crash, a court has heard.
Six-month-old Harry Kiely suffered “unsurvivable” injuries including a skull fracture when he was ejected from his car seat as the vehicle rolled onto its roof in Clacton, Essex. His mother Morgan Kiely, then 19, had been drinking Prosecco at the beach with a friend before the fatal crash on 13 July 2022.
Kiely, now 22, has denied manslaughter as prosecutors told Chelmsford Crown Court that Harry had not been properly secured in his car seat. The court heard she was a passenger in a Ford Focus driven by friend Stevie Steel when the accident happened on Cherry Tree Avenue at about 6.30pm.
Afternoon of Drinking Before Fatal Journey
Alex Stein, prosecuting, told the jury the two young women had met at about 3pm and bought three bottles of Prosecco at an Aldi supermarket on their way to Clacton beach. They spent several hours on the beach drinking in the sunshine with Harry.
The court heard they were briefly joined by Mitchell Bassett, who had previously been in a relationship with Steel. Both women were described as being “a bit tipsy and happy” when they left the beach.
Mr Stein said the women had planned to drop Harry at his grandmother’s house before heading to a Wetherspoons pub in town. A friend offered to drive them, but Kiely and Steel decided to drive themselves.
Car Rolled After Hitting Parked Vehicle
Steel, 23, of Burgate Close, Crayford, Kent, has previously admitted causing death by careless driving while over the drink-drive limit. The court heard she was distracted while driving and hit a parked car on Cherry Tree Avenue.
The Ford Focus rolled and ended up on its roof, leaving the two women hanging upside down by their seatbelts. Harry was in a rear child seat behind his mother when the crash occurred.
Mr Stein told the jury: “Very sadly, that child’s seat had not been strapped properly into the seatbelt, and Harry hadn’t been strapped into the seat properly. Harry was thrown out of the open window out of his seat.”
Retired Nurse Rushed to Help
The prosecutor said Harry landed on the road with no way to break his fall, suffering a “devastating skull fracture”. He described it as “a very, very sad case”.
Witnesses described hearing a “loud bang” when the crash happened. Sharon Hamilton, a retired paediatric nurse who lived nearby, rushed to the scene and found Harry with what she described as a “massive head injury”.
Ms Hamilton performed CPR on the baby while both Steel and Kiely confirmed they had been drinking. She continued providing emergency care after paramedics arrived at the scene.
More Than Hour of Treatment Before Death
Harry was treated at the scene for more than an hour before being taken to hospital, where medical staff continued their efforts to save him. He was pronounced dead at about 9pm, approximately two and a half hours after the crash.
A 999 call played to jurors captured Kiely saying “my baby, my baby, is my baby okay” in the immediate aftermath of the collision. Emergency services found the car overturned with significant damage.
Members of the public had rushed to help at the scene, with multiple neighbours coming out of their homes after hearing the crash. The court heard that everything possible was done to try to save Harry’s life.
Mother Described as ‘Loving and Caring’
Mr Stein told the court there was nothing to suggest Kiely wasn’t a loving and caring mother to Harry. He said that “she loved her child” and there was “no evidence to suggest that she was anything other than a loving and caring mother”.
The prosecutor added: “Whatever happened that day she certainly did not mean for it to happen.” However, he argued that the evidence showed she had failed to properly secure her son that day.
“We will anticipate that she [Kiely] thought she had secured Harry properly,” Mr Stein said. “No parent would want to admit to themselves that they were the cause of their own child’s death, but the evidence we say is quite clear that she failed to look after Harry properly that day.”
Mother’s Heartbreaking Tribute
Following Harry’s death, his mother released a tribute through police saying life would “never be the same again. She wrote: “My darling boy, you were taken far too soon. Anyone who knows you and knows me will know how much you meant to me, baby boy.”
She continued: “Life will never be the same without you, mummy and all your family will forever have you in our hearts. I don’t understand how life can be so cruel, until we meet again my gorgeous little Haribo. Goodnight my boy.”
Tributes, toys and flowers were left at the scene of the crash in Cherry Tree Avenue by members of the local community in the days following Harry’s death.
Manslaughter Charge Denied
Kiely, of Ryde Avenue, Clacton, is accused of manslaughter by gross negligence. She denies the charge. The prosecution must prove that she owed a duty of care to Harry, that she breached that duty, and that the breach caused his death.
The court heard that as Harry’s mother, she had a clear duty to ensure he was properly secured in his car seat before any journey. The prosecution alleges she failed in this duty with tragic consequences.
Mr Stein told the jury the case has “no winners, only losers” and acknowledged the devastating impact on all involved. The trial, which is expected to last several days, continues at Chelmsford Crown Court.
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