The family of Jordan Thomas feel they have been ‘let down’ by the justice system after the motorist who killed him had his sentence reduced.

Jackson Joseph Paul’s bid to have his conviction quashed was rejected by Judges of Appeal Cross KC, Pratt KC and Farrelly KC during a hearing on Friday.

The Court of General Gaol Delivery heard how Jordna, 29, sustained catastrophic injuries following the incident in Harbour Road in Onchan on the evening of February 25 last year.

Paul never denied his driving led to Jordan’s death but claimed he was under immediate threat of being killed or suffering serious injury at the hands of the pedestrian.

Central to the prosecution case were two mobile phone videos taken by Paul’s passenger at the time of the incident.

The first showed Mr Thomas on the bonnet and the second captured the moment Jordan fell backwards onto the road after Paul braked suddenly.

During the trial Paul gave evidence and told the jury he thought Jordan was going to break through the windscreen and attack him.

The scene of the collision on Harbour Road, Onchan
Scene of the incident in Harbour Road, Onchan (Media IoM)

After reversing a few yards, Paul said he panicked and tried reversing again, not realising the automatic vehicle was in drive and he sped forward.

A roadside breath test and drugs wipe on the defendant returned a negative result.

After last week’s appeal hearing, Jordan’s family issued a statement reacting to the news that Paul’s sentence had been reduced.

They say: ‘We as a family would like to start by saying that regardless of the appeal outcome, Jackson Paul’s conviction still stands.

‘He killed Jordan by death by dangerous driving, and we feel his sentence does not reflect the loss of Jordan’s life.

‘We also feel that we have not only been let down by the justice system but also by the police investigation as a whole from day one.’

One of the main arguments submitted by Paul’s advocate Stephen Wood centred around a key defence witness who was unable to give evidence in person due to fears over his safety.

He said an Osman warning – issued by police to people who face a threat to life - should have been rescinded so the witness could have given evidence in person over concerns relating to Jordan’s family.

But the family say: ‘An Osman warning was also submitted against the family leaving us feeling victimised and treated like we were the criminals throughout the whole process while trying to deal with our grief.

‘As it stands Jackson Paul will now be out in 18 months’ time serving only two years (half the sentence) for the death of another human being who had his whole life ahead of him.’

The Judges of Appeal deemed the sentence ‘manifestly excessive’ and questioned whether Paul’s driving could be described as ‘highly dangerous’ as opposed to just dangerous.

In delivering the decision to reduce Paul’s sentence from six to four years, Judge of Appeal Cross told Jordan’s family: ‘We are deeply conscious of this tragedy and the effect it has on yourselves. You should be in no doubt about that.

‘In any case where there has been a loss of life it is extremely difficult to factor in any sentence.

‘No sentence this court can pass can truly assist anyone so deeply affected by such a loss. I hope you do not feel these are just empty words.’

In response, Jordan’s family said: ‘What we cannot possibly fathom is how someone driving at speed with Jordan on the bonnet, through three gear changes before slamming on the brakes and catapulting Jordan off, could not warrant being classed as a highly dangerous manoeuvre.

‘All of which was done while the passenger videoed and laughed at him in his final moments. That same passenger chose to leave the island meaning he could not be cross examined on the stand.’

The family feel the reduced jail time sends out the wrong message and are frustrated the sentence for death dangerous driving is more lenient in the Isle of Man than in England and Wales.

They say: ‘What sort of deterrent is this for anyone in the future and what is the point in the Manx justice system as it stands at all with laws that aren’t in line with the England and Wales laws.

‘Jackson Paul has never once shown any remorse for the loss of Jordan, stating in court that it was either him or Jordan. My family and I have had to endure numerous court appearances including the five-day trial and feel it was all a pointless act adding to our grief of losing Jordan.

‘Every day is a living hell without Jordan in our lives but going through the court process is like losing him over and over again, to go through all of that for this to be the outcome is painful beyond words and something none of us will ever get over.’

Jordan Thomas
(IoM Constabulary)

While Jordan was airlifted to hospital by the Government-funded Isle of Man Air Ambulance Service, Jordan’s family launched a fundraising appeal to raise money for the Great North Air Ambulance (GNAAS) charity.

In a statement at the time the appeal was launched, they said: ‘Jordan’s injuries were catastrophic and without the emergency services at the scene, Nobles Hospital and the air ambulance, Jordan would have had no chance of survival.

‘Without the air ambulance we wouldn’t have had the hope for Jordan, and we wouldn't have got to spend those precious seven days at his bedside.

‘Jordan was a miracle. They said time and time again he wouldn’t survive the day, yet he stayed for seven. He showed specialists that sometimes love can be the strength in the room.

‘Unfortunately, Jordan died from his injuries a week later. His mind knew we were there, his heart was strong, but his body was broken.’

The Judges of Appeal will publish the full judgment and reasons in due course.