Two brothers caused the death of a father-of-two and left his son seriously injured in a crash while racing each other home. The victim was killed in the head-on collision as he and his young son travelled to watch their first international rugby match together.
Fatal Collision on A483
Abubakr Ben Yusaf, 31, and Umar Ben Yusaf, 35, were racing with each other in separate cars between Aberystwyth and their home in Manchester when a red BMW driven by Abubakr Ben Yusaf lost control and crashed sideways into Rhys Jenkins' Toyota Yaris, on the A483 near Welshpool.
A sentencing hearing at Mold Crown Court on Friday heard Mr Jenkins, 41, suffered catastrophic injuries which claimed his life, while his nine-year-old son was airlifted to hospital with life-threatening injuries.
Details of the Incident
Prosecutor David Mainstone told the court the defendants, who both worked as optometrists, were driving home to Manchester from Aberystwyth in separate cars on the evening of November 16, 2024, when they started to race one another. Witnesses reported seeing them complete highly dangerous overtakes, drive "erratically" and at excessive speed, and tailgate and flash their headlights at other cars in an attempt to get past.
Shortly after both brothers took a bend in the road Abubakr Ben Yusaf lost control of his BMW X3 on a stretch of road known as the Belan straight and collided head-on with the Toyota being driven in the opposite direction by Mr Jenkins. As other drivers stopped to help the dad and his son both the Yusaf brothers fled the scene in Umar Ben Yusaf's Audi and drove to a nearby Tesco supermarket car park.
The emergency services were called and Mr Jenkins, who was originally from Glynneath but was living in Deuddwr in Powys, was pronounced dead at the scene. His nine-year-old son, who had been a passenger in the car, was airlifted to Alder Hey children's hospital in Liverpool where he spent 10 days being treated for his injuries, which included two broken arms, bruises to his arm, a fractured rib, a perforated bowel and a laceration to his right eyebrow.
Investigation and Convictions
Within 40 minutes of the collision Umar Ben Yusaf drove back to the scene and told a PCSO on duty that the person responsible for the incident was with him. The brothers were arrested and police launched an investigation.
A forensic collision investigator concluded that Abubakr Ben Yusaf's BMW was travelling at 63mph at the point of impact with Mr Jenkins' Toyota, but the vehicle was sliding sideways and would have likely been travelling faster before the defendant had lost control. It was concluded that Mr Jenkins would have had no time to take evasive action to avoid the collision. The investigation also revealed that Abubakr Ben Yusaf was not insured to drive the BMW at the time of the collision.
Abubakr Ben Yusaf, of Esmond Road, Manchester, was found guilty of causing death by dangerous driving, causing serious injury by dangerous driving and causing death whilst uninsured. Umar Ben Yusaf, of Esmond Road, Manchester, was found guilty of causing death by careless driving and causing serious injury by careless driving. The court heard both defendants were of previous good character.
Victim Impact Statements
Reading out a statement to the court, Mr Jenkins' wife Carrie Jenkins described the impact the loss of her husband has had on their family. She said: "It's ironic I am writing this statement as Father's Day approaches. I have attended a repeat trial, attended sports day for my children while navigating an emotional rollercoaster. Every day brings up the painful reason to acknowledge Rhys is no longer here and the cruel circumstances in which he was taken from us."
Mrs Jenkins said she wished she had hugged her husband and son tighter and longer, saying: "Who knows what effect it might have had on our future." In the aftermath of the collision, Mrs Jenkins described how she had to travel to Alder Hey Children's Hospital in Liverpool in order to be with her seriously injured eldest child as her youngest child slept. She said the community had rescued her and her two sons through their support.
Since her husband's death, Mrs Jenkins said she has had to bring up her children without him, run the family farm and work to provide a life for her children. She also spoke about the hole Mr Jenkins has left in her children's lives through his role as a parent, rugby coach, music teacher, Welsh speaker and "nature oracle".
Further heartrending victim personal statements from Mr Jenkins' family were read to the court by Mr Mainstone. Mr Jenkins' mother Anthea Jenkins said: "It's been 21 months since the tragic and avoidable death of our son Rhys. Not a day passes when we don't think of him and the pain of loss is something we will carry for the rest of our lives. We did not expect our son to predecease us, no parent should have to bury their child."
Mr Jenkins' youngest son said he "ran out of the house" after being told his father had died, as he didn't know what to do. He said: "It was the worst feeling of my life... I miss dad every day." Mr Jenkins' eldest son woke up in hospital following the collision with no memory of what had happened. He and his father were travelling to see his first international rugby match when the collision occurred. Upon waking in hospital, he asked his mother: "We didn't make it to the rugby did we?"
Sentencing
In mitigation for Abubakr Ben Yusaf, Hugh Barton said his client's offence was "totally and utterly" out of character to the way he has conducted his life. He said the defendant regularly supported charity projects and as a result of this offence he has lost his profession and faces a significant term in custody. Sean Minihan, for Umar Ben Yusaf, said his client did not intend to cause the death of Mr Jenkins or cause injuries to his son but will have to face the consequences, as his family will.
Addressing Mr Jenkins' family, Judge Timothy Petts said: "Your love for him shines through everything you have written as does your pain and the massive hole your loss has left. The trauma in the immediate and longer term is difficult for me to summarise, you have all been suffering with devastating grief. You have also tried to deal with the practical consequences of Rhys's death and (his son's) injuries. It's been a horrendous time for all of you. None of you will ever forget him."
Abubakr Ben Yusaf was sentenced to 14 years imprisonment, and was disqualified from driving for 15 years. Umar Ben Yusaf was sentenced to two years and nine months imprisonment, and was disqualified from driving for three years.
Following the hearing, Sergeant Sara John from the serious collision investigation unit at Dyfed-Powys Police said: "The sentences passed today cannot undo the tragic loss suffered by Rhys’s family, who have shown remarkable strength throughout this investigation and court process. I hope that today’s outcome provides them with some closure as they begin to move forward with their lives, which have been changed forever. The actions of Abubakr and Umar Yusaf on that day were catastrophic. Their choice to drive in the manner they did shows their utter disregard towards other road users. The impact of their actions can never be underestimated. Today’s sentencing marks the end of a complex investigation, and I’d like to thank all the witnesses who supported the case and the diligent investigation team who worked to bring Abubakr and Umar Yusaf before the courts. My final thoughts and sincere thanks remain with Rhys’s family and loved ones who have shown extraordinary bravery throughout this tragic time."
