THREE-YEAR-OLD ATTACKED WITH CAR JACK BY PLAYMATE
A boy of three was left hospitalised after being repeatedly attacked with a car jack – by another three-year-old.
Jay Jones was battered a total of 11 times around the head and face by his playmate after the toddlers were left alone in a family car.
The child had no means of escape from the locked vehicle as his assailant continued to lash out even though terrified Jay was screaming out in pain and bleeding profusely.
He was eventually rescued when his attacker’s parents heard his screams and noticed the car windscreen had been cracked, such was the ferocity of the assault.
Now in a legal first, leading Merseyside law firm Kirwans Solicitors has won a ruling allowing Jay, now five, to claim for compensation for the injuries he received, despite the fact his attacker was never prosecuted because of his age.
The youngster still bears the scars of the frenzied attack in which he received stitches to his face and head and was in hospital for two days.
His mother Renai Williams, 29, says her son was left looking like the Elephant Man following the brutal assault by another child – who cannot be named for legal reasons.
Recalling the terrifying incident the mother-of-three said: “I thought Jay was dead when I saw him first. There was blood everywhere and he was limp and lifeless, it was a sight no mother should ever have to see.
“We got a phone call saying Jay had been hurt and asking us to come round, initially we thought it was nothing more than the usual bump and scrapes kids get involved in.
“But as we turned the corner we noticed the family’s car windscreen was cracked and immediately knew something terrible had happened.
“We ran in to the house and saw Jay lying there barely conscious and covered in blood. We asked what had happened and they simply pointed to a car jack covered in blood, I felt sick.”
Within hours, the doctors at Arrowe Park Hospital, Merseyside, were confident that Jay would survive but it was much longer before they could confirm he would suffer no lasting brain damage.
The brave toddler was fit to leave hospital 48 hours later but the swelling on his face took a month to subside.
He suffered nightmares and bed wetting for months afterwards and was terrified to go anywhere on his own, or near windows because it reminded him of being in the car.
Ms Williams, from Wirral, Merseyside, was determined to get justice for her son and the case was taken up by leading Merseyside law firm, Kirwans Solicitors.
Michelle Armstrong of Kirwans Solicitors said the incident was a deliberate act of violence that would have constituted a crime had it not been for the age of the attacker.
She added: “Kirwans felt compelled to take on this case because it involved a serious attack upon a small child and it appeared right and just that he be compensated for his injuries.
“The trauma experienced by him while locked in a car and beaten with a car jack must have been horrendous.”
The boy who attacked Jay has since been taken into care.
Ms Williams added: “This has been a long and hard-fought process, we have been knocked back twice by the Criminal Injuries Compensation Authority (CICA) because in my opinion they didn’t take my son’s case seriously.
“But my son was hit 11 times on his head and face with a car jack, his attacker kept on lashing out even though Jay was screaming out in pain and covered in blood. How serious does it have to be?
“It was a vicious attack which such force that his attacker, who was also only three himself, managed to crack the car windscreen.
“He has since been taken into care and will no doubt be given lots of support by social services, whereas we as a family have simply been left to pick up the pieces and get on with our lives.
“To this day I still have no idea why that boy attacked my son. Nobody has ever bothered to give me a reason why, it will always remain a total mystery.”
Michelle Armstrong of Kirwans Solicitors added: “Although the CICA rejected the case twice, questioning whether the actions of a three-year-old perpetrator could constitute a ‘crime of violence’, we argued that the age of the perpetrator was irrelevant when claiming compensation from the CICA. And it was on this point that we won.
“The next step in the process will be to present evidence of the injuries and the effects of the incident on the child, including medical evidence, to a Tribunal Judge so that a compensation award can be considered.”
ENDS
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