Kuwaiti hit-and-run driver who mowed down two 18-year-olds has STILL not been deported from UK more than a year after prison release as he cites human rights law

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A Kuwaiti hit-and-run driver who mowed down two 18-year-olds has still not been deported from the UK more than a year after his release from prison. 

Banned motorist Hadi Hamid ploughed into Luke Mason and Matthew Lockwood outside the Empire in Middlesbrough in October 2017.

Shocking CCTV footage showed the 40-year-old driving over Luke's body 'like a speed bump'.

Luke, who is now the Conservative Councillor for Coulby Newham, was put in an induced coma after being hit by the blue Dodge Avenger.

He suffered a broken spine, ribs, arms, collar bone, pelvis, a collapsed lung, dislocated elbow and he had stripped from his back and part of his head.

Hamid was sentenced to four years behind bars at Teesside Crown Court in February 2018 and was ordered to be deported.

He was released from prison in October the following year after serving half of his sentence but he has still not left the country.

Hamid has appealed the decision, under the European Convention on Human Rights, and currently remains at large in the UK.

Hadi Hamid, 40, was jailed for four years after ploughing his blue Dodge Avenger into Luke Mason and Matthew Lockwood outside the Empire club in Middlesbrough but was released after serving less than 18 months

Simon Clarke, MP for Middlesbrough South and East Cleveland, highlighted Luke's case in a Parliamentary Debate on Monday evening.

He called for 'root and branch reform' to end the 'mockery of justice' of foreign criminals abusing the European Convention on Human Rights to thwart deportation.

Mr Clarke said: 'Luke and his mother Wendy understandably feel massively let down by our human rights laws - and I share their frustration.

'Mr Hamid came to our country claiming refugee status - a status that I am glad to say he was stripped off by the Home Office in March 2019, although he continues to appeal that decision.

'He abused that status shamefully, and his only thanks to the country that took him in has been to cause great harm and distress.

'Mr Hamid is relying on Article 2 and Article 3 of the ECHR to trump deportation claiming he fears for his life or being tortured if he is returned to Kuwait.

'Luke is not entitled to any further information than this, despite being the victim of this double injustice. Kuwait is a stable country and a friend to the United Kingdom.

'I suspect strongly that Mr Hamid knows precisely how to play the system, as we know so many offenders like him do, to take advantage of the provisions of the Human Rights Act.

'In my view, he has forfeited any legitimate right to stay in this country.'

Luke and his friend Matthew, who suffered facial injuries, were celebrating a birthday in the town centre when they were hit by Hamid's vehicle.

Hamid pleaded guilty to two charges of causing serious injury by dangerous driving at the court in Middlesbrough - having previously claimed he was not at the wheel at the time of the accident.

Despite losing a year of his life to a series of very painful operations, Luke succeeded in his A-levels and is now studying philosophy, politics and economics at York University.

Luke Mason after the collision: The pair, who were both 18 at the time, had been enjoying a night out celebrating a birthday when banned driver Hamid crashed into them both, leaving Mr Mason in an induced coma with a broken spine and Mr Lockwood with severe facial injuries

The life-long Coulby Newham resident became a Conservative Councillor for his community last year after taking 49% of all votes in the by-election.

Luke said: 'What truly angers me is not the obvious crimes that were committed that night, such as the drink driving and driving whilst disqualified - although he is a repeat offender when it comes to driving whilst disqualified so is most certainly a danger to the public - it's the worrying lack of regard when it comes to human life.

'After hitting me he didn't stop to help, he drove straight over the top of me very much like a speed bump.

'In court he showed a degree of callousness and demonstrated no regard to how well either me or Matthew had recovered - he spoke only to ask how long his custodial sentence was. I firmly believe that this man remains to be a threat to our society and simply does not respect our laws and customs.

'To allow people such as him to remain in this country without a clear and obvious reason as to why he should be allowed to remain is a disgrace, a slight on our judicial system in this county and an insult to victims such as myself.

'I believe there is one way in which many issues raised in cases such as these can be solved with some ease - by repealing the human rights act of 1998 and replacing it with a British Bill of rights.'

Home Office statistics show 455 appeals against deportation by Foreign National Offenders were successful in 2018 - 25% of all the appeals lodged by these convicted criminals.

Of these successful appeals, 172 relied on human rights grounds.

Each and every week in 2018 three foreign national offenders sidestepped the UK Borders Act based on human rights claims.

Mr Clarke said: 'Luke's case takes us to the heart of the ongoing debate about human rights law in the United Kingdom.

'Whether it strikes the appropriate balance between the rights of the victim and the perpetrator and between foreign national offenders and the wider public.

'My primary concern was what happened after Mr Hamid was released from prison in October 2019, having served half his sentence.

Mr Mason who has undergone operations and is still recovering from the devastating injuries

'Under the terms of the UK Borders Act 2007, he should then have been eligible for automatic deportation as a foreign national offender.

'The Act is clear that a deportation order must be made in respect of a foreign national offender sentenced to twelve months or more and where the sentence is four years or more, the public interest requires deportation unless there are very compelling circumstances.

'I would say the public interest very much requires deportation in this particular case. However, this has not happened.

'To date, Mr Hamid has relied successfully on the European Convention on Human Rights, enshrined in our law through the Human Rights Act 1998, to avoid being deported and frankly to make a mockery of justice for Luke and his family.

Mr Clark said that ECHR should be there to 'protect the innocent against grave and exceptional threats'. 

He added: 'Instead, immigration lawyers are advising their clients precisely what are the right buzz words to initiate a successful appeal. 

Mr Clarke is also calling on the concept of Deportation With Assurances to be widened to include all cases involving foreign national offenders.

Currently it only applies to those individuals suspected of terrorism offences.

In addition, he has written to the Secretary of State for Justice calling for the maximum penalty for dangerous driving to be strengthened saying 'It is surely too weak as the law stands'.

The Government previously said about the case that attempts are made to deport  foreign criminals wherever it is legal and it would deport 'wherever it is legal and practical to do so'.