Drunk driver who killed Lancaster University student could be granted early release

Under the proposed government early release scheme, the driver may only serve four of his eight year sentence

A convicted drunk driver who killed a Lancaster student could be released early.

Malcolm Waite was charged with causing death by dangerous driving after hitting and killing Fenella Hawes, a 20-year-old Lancaster University student, in 2022.

Under the proposed government early release scheme, Waite could be eligible for parole, allowing him to be released alongside 5,000 offenders on 2nd September. This would mean he only serves four years of his eight year sentence.

The motion has been halted until ministers are able to complete a review. Until such a time, no prisoners will be released.

The family of Fenella Hawes has called for those whose conviction involved causing a death should not be included in the scheme, and should not be granted early release.

When asked by The Telegraph, Fenella’s sister said a four year sentence would not be “equivalent to Fenella’s life at all.” The family argues that all inmates who caused a death due to their offence should be exempt from the scheme, claiming early release would offer “no deterrent.”

On 31st July 2022, 20-year-old Lancaster University student, Fenella Hawes, was walking from Stalham in Norfolk with a bunch of sunflowers for her mother when she was hit by a drunk driver. Malcom Waite was reportedly four times over the legal limit, and was driving with a half finished bottle of vodka when he hit Fenella.

He was travelling at speed, mounted the pavement and hit Fenella and a teenage girl. Waite didn’t pull over following hitting Fenella and the teenage girl, only stopping when his car collided with a road sign further down the road. Fenella died at the scene of the accident.

Officers arrested Waite and his case was heard before the Norwich Crown Court in November 2022. Police investigations found his body would have contained 158 micrograms of alcohol at the time of the collision, putting him far above the limit of 35 micrograms per 100 litres.

At the time of the accident, Waites vehicle was not found to be faulty, and the road conditions were clear and fine.

Waite pleaded guilty to causing death by dangerous driving and was sentenced to eight years.

In her victim personal statement to the court, Fenella’s mother, Margret said: “I sob for the future that she doesn’t have because a drunken man chose to get into a car, knowing that this was a weapon that could kill someone, and indeed it did it killed my 20-year-old daughter.

“She was a young adult beginning her life and her bright future was taken out in a few seconds because of someone who did not think or did not care. I sob because she was so happy: She was so lovely inside and out she was so alive and now she isn’t here, and never will be again. I never had a chance to say goodbye.”

A Ministry of Justice spokesperson said: “Protecting the public will always be our top priority. That’s why we are taking decisive action to fix the prison crisis we inherited while investing record sums to support victims.

“But after 14 years where prison places increased by just 500, our prisons were days away from running out of places. This would have caused the total breakdown of law and order.
“We are pulling every lever to protect the public and cut crime – building prison places at the fastest rate since the Victorian era, launching the biggest ever expansion of tagging to toughen community punishment and giving victims a say in the strict licence conditions of offenders.
“We have paused changes due to start in September to conduct an urgent review to make sure we get this policy right for victims without running out of prison spaces.”

If you have been affected by the contents of this article, Lancaster students can access 24/7 Mental Health and Wellbeing support  by calling +44 (0)800 283766 or emailing [email protected].

Alternatively, you can contact the Samaritans at any time by calling 116 123, or contact Shout, a 24/7 text messaging service, by texting the word “Shout” to 85258.

Featured image via Google Maps