He took three lives and received less than two years jail. It is time to demand justice for this family.

By SHAUNA ANDERSON

It was June 4 2013.

Shaun Zagar and his two kids, six-year-old Kaleb and five-year-old Zara were stopped in their car at the school bus stop.

It was the day before Kaleb’s 7th birthday. Can you imagine the excitement the little boy would have been feeling?

Safe. In his family car waiting for the school bus to pick them up.

Dreaming of the next day’s celebration.

When out of nowhere a green Mitsubishi Magna crossed onto the wrong side of the road plowing into their blue Mazda.

Father, son and daughter thrown from their car from the impact.

They were dead when police arrived.

The family from Dyraaba, about 15 kilometres north-west of Casino in Northern NSW were dealt a hand in life that no one could consider fair. No one could consider just. And yet yesterday things took a turn even more unfair and more unjust.

The man who killed this loving father and his two beautiful kids was convicted and jailed and will be up for release in on March 14, 2016.

In 19 months time.

For three innocent lives. For two delightful kids. For one devoted Dad.

Malcolm Joseph Harris was sentenced in the Lismore District Court for five years jail for two counts of dangerous driving occasioning death and one of dangerous driving occasioning grievous bodily harm.

The Northern Star writes that he got an extra three years, four months jail, with a non-parole period of two years, for another charge of dangerous driving occasioning death.

The judge took into account time spent in custody meaning he could be out on parole by March 14, 2016.

The court had heard that Harris suffered epilepsy which contributed to the crash and the Judge said he took mitigating circumstances into account, including remorse from Harris. He received a 25% sentence discount for an early guilty plea.

Unbelievably the judge said Harris should not have been driving as he was CONVICTED of disqualified driving six times since 1995.

SIX times since 1995.

News Limited report that when the accident occurred Harris was out on parole after being jailed for 18 months for unlicensed driving.

The judge also said that Harris “knew he had sporadic epileptic blackouts and shouldn’t drive”. And yet he did.

Despite there being a cocktail of drugs in his system at 8am judge did not think the “trace amount” impaired his driving.

And yet three people are dead. And a family, a mother and a community shattered.

Shaun Zagar was a father of three kids – his youngest son was not in the car at the time. His ex-wife and mother of the children has spoken of her devastation at the sentence.

Kira Newbold posted a plea on Facebook for the community to share her horror at this unjust sentence.

She wrote:

“Where is their justice… 3 precious people were sitting in their car on the side of the road waiting for the school bus, one man that loved his children, one little soldier excited for his birthday the next day, & one little princess waiting to chase butterflies in the playground, little did they know that they would be dancing with the angels. “

Kira continued:

“We all have had out hearts torn out & thrown into complete chaos, Now can someone explain to me how this “man” can kill these 3 innocent people & only get sentenced 3 years in jail!!!? Where is their fairness? More so? Where is the damn justice!!!? These 3 beautiful souls are my children & their father & WE, as a whole family & network have to get together & make sure this man gets what he truly deserves!!! He took 3 lives, he should be sentenced to 3 life sentences!! We need justice!”

Andrew Zagar, the father of Shaun told The Northern Star that the family were shocked by decision.

“We’re gutted. It’s not fair he got such a lenient sentence – he knew what he was doing.”

He told the paper that the Office of the Director of Public Prosecutions were questioning the decision and checking it’s not a mistake.

Luke Peterson, a cousin of Shaun spoke to Sydney radio station 2GB yesterday. In a shaky voice he told Ray Hadley that these children had never experienced life. That the sentence was not right.

Kira says that the sentence should be life. “He took 3 lives, we should be able to take his freedom” she wrote on Facebook.

The Northern Star quoted Kira in June when she gave her victim impact statement to the court.

How this did not affect the judge we cannot fathom.

“Kira Newbold mother of Kaleb and Zara, bravely stood in the witness box and, through tears, explained how the crash had “shattered” her.

“I don’t know how to write this. How do you put into words how you’ve lost two children?” she said.

“Having them gone has shattered me… all because of one stupid act.

“They hadn’t even lost any teeth yet. Next thing I know I get a call saying they’re all dead.

“I’m alone in my pain; it’s only me. I have my family, but no one to cuddle at the end of the day.

“The hardest thing I’ve had to do is wake up and smile…all I want is to do something to make them proud of me.”

Kira we stand beside you.

Share this post to demand the DPP review the sentence given to Malcolm Joseph Harris.
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