Speeding driver who killed two women & two children claims he had right of way

Roosendaal resident Omar E., who instigated a car accident that resulted in four fatalities, told the police that he should have been given priority on the roadway. His lawyer argued during a court hearing in Breda on Thursday that the issue regarding right of way is why he should be immediately released from pre-trial detention.

The accident happened in Oud Gastel, Noord-Brabant on 2 September. The court viewed CCTV footage of the accident, and ruled on Thursday that the man should remain in custody, because there are indications that he was at fault for the accident.

The court said it was also afraid that the man will again drive in an unsafe manner. “You have a mindset where there is little room for safety,” the court said, and accused him of not being mindful of others on the roadway. “You also overestimate your ability to drive motor vehicles.” The court said it gave consideration to the fact that the suspect ignored a driving ban imposed on him two years ago.

In the accident, Omar E. drove a Mercedes rented in Germany into an intersection at 155 kilometers per hour, but at that point on the road, the maximum allowable speed was 50 km/h. Right at that moment, a Toyota passed the shark’s teeth markings on the roadway, indicating they first had to give way to other traffic.

A 39-year-old mother was killed, along with her 10-year-old daughter and 8-year-old son. Another passenger, a 42-year-old woman, also died. Her 9-year-old daughter was injured in the crash.

However, E.’s attorney argued that the suspect’s only crime was driving too fast. His counsel said Omar E. has “probably unjustly” been kept in jail since the accident. In his view, there is no proof of recklessness with the accident, and E. should at most receive community service.

Prosecutors said E.’s behavior was definitely reckless. According to the public prosecutor, the man also overtook on the right-hand side, and did not keep his distance. The defense attorney responded, "My client drove too fast, the Toyota did not give way, the client could not swerve because there was another car, the Toyota crossed the line by up to 1.7 meters. The speed was a small part of the fateful circumstances."

The prosecutor saw it differently. "Two seconds before the accident he was still driving 155. If he had driven 50, he could have come to a stop 94 meters before the intersection."

The trial will not take place until next year.