Family of Grangemouth's Harley Smith devastated to learn killer motorist has been released from jail early

As Harley Smith’s relatives and friends prepare to mark another Christmas without him, they say that the justice system has failed the youngster.

News of Sami Ula Jabbar’s likely release came only days after the grieving family marked the fourth anniversary of the Grangemouth teenager’s death.

Now they have learned that he was given parole on November 24 - but had already been in the area previously on day release.

Falkirk shop owner Jabbar was speeding at almost 80mph through Laurieston on November 6, 2020 when his Mercedes E400 hit 16 year-old cyclist Harley.

The popular schoolboy suffered a fatal head injury following the collision.

Jabber, 29 at the time of the offence, was on two bail orders at the time and already had a number of motoring convictions.

He was sentenced at the High Court in Glasgow on August 16, 2022, having earlier pled guilty to a charge of causing death by dangerous driving.

Harley, a fifth year pupil at St Mungo’s High School, had been visiting friends when the incident occurred.

Other motorists and pedestrians spoke of Jabbar driving his courtesy car at excessive speed in the 30mph zone with the conditions dark and foggy.

Sentencing Jabbar to five years, reduced from seven years and six months due to his early plea, Lord Mulholland told him: "You drove at 80mph - a speed which is breath-taking.

"It was so dangerous that pedestrians signalled to you to slow down.

"If you had driven at a safe speed this tragedy would not have happened.

"Harley Smith would be alive today realising his full potential. It is clear he was a fine young man loved by many."

Describing victim impact statements from Harley's relatives as "heart-wrenching", the judge also banned Jabbar, then of Jarvie Place, Redding, from driving for 12 years and six months.

Jabbar’s defence counsel, Tony Lenehan, told the High Court: "There is no sentence that can be imposed which will undo the loss suffered.

"This is a man who appreciates the harm that he has done."

At the time of the sentencing Procurator Fiscal David Green said: “The reckless and dangerous driving of Sami Ula Jabbar has had the most devastating effect on many lives.

“It robbed young Harley Smith of his promising future and left his loving family bereft. Our thoughts are with them as they try to cope with their terrible loss.

“The consequences of dangerous driving cannot be overstated, as this case demonstrates so tragically."

Harley is survived by mum Joanna, dad Brian and sister Tamsin.

Describing their anguish, Tamsin said: “Harley was the most kind, caring, loyal, and funny boy who loved his family and friends so very much

"The aftermath has left us absolutely broken – the feeling never leaves us.

“His killer Sami Ula Jabbar was driving at 80mph. He pled guilty which reduced his sentence to a ridiculous five years.

She said Jabber was spotted in Bantaskine on November 8, only two days after they had held their annual memorial for Harley.

Tamsin added: “We were informed that he may be eligible for parole this November but this would not be considered by a panel until November 24 and if it was granted then we would be notified.

"We received a letter to say he would be released November 24, but do not know how long he has been out on temporary release.

"The family were utterly stunned. We had no notification to prepare us that he was out having a laugh with friends.

"Every step was to rehabilitate his killer who has a historic criminal record.

"We will never ever recover from this, the justice system has failed Harley.”

His grieving sister said that the family had asked the Parole Board to put in place certain conditions if Jabbar was to be released early. These included having his passport removed so he cannot travel, a curfew and a tagging order.

But now they have been told the conditions being enforced are that Jabbar must not approach Harley’s family without the prior approval of a supervising officer and the family have not to approach him.

Justice Secretary Angela Constance said: “My thoughts and sympathies are with the family of Harley Smith.

“The Parole Board is independent from Scottish Ministers and I cannot comment on decisions in individual cases or on the decision-making process.

“I meet and listen to victims and their families as well as co-Chairing the Victims Taskforce along with the Lord Advocate. There have been a number of victim-centred reforms to the parole process implemented in recent years and I am always open to building on those to improve the experience of victims.

“A number of those reforms include the publication of decision minutes, victim’s attendance at oral hearings in certain circumstances and changing the Parole Board Rules in 2022 to provide that the board may take into account the safety and security of victims in reaching a decision.”

The Parole Board for Scotland said it does not comment on individual cases.

However, a spokesperson confirmed that “all victims registered under Part 2 of the Victim Notification Scheme are contacted regarding the outcome of the case, and advised of any licence conditions that relate to them”.

They added all individuals registered are also signposted to support organisations that can provide aftercare if needed.

Kate Wallace, chief executive of Victim Support Scotland, said: “The Victim Notification Scheme (VNS) is the system through which victims and their families are kept informed about the release of the offender in their case.

"Victim Support Scotland recently welcomed the Scottish Government's long-awaited response to recommendations arising from an independent review of the VNS, which details many improvements to make it more victim-centred and trauma-informed.

"We have repeatedly said that the current scheme is not fit for purpose, and that an extensive overhaul is required to ensure it effectively serves those impacted by crime.

“Everyone has seen the recent impact of prisoner release schemes, and the VNS is a crucial way of keeping victims informed and control in their hands. Victims often tell us that the current VNS is too complex, leading to confusion about the status of the prisoner in their case. Consequently, we support all measures taken to make this a simpler process, fully explained in a way and at a time that best suits victims.

"We are keenly awaiting more detail about an appropriately-funded implementation plan for the VNS, and how it links to support available, in which victims are prioritised."