A family has been left "horrified" after being informed that the man who killed their daughter should have been recalled to prison before the crash. Amy Cooper was riding her Kawasaki 125 along the B1168 New River Gate, Holbeach when Shane Kelk's BMW crashed into it whilst overtaking another vehicle from the opposite direction.
Kelk, went over to Amy, who lay seriously injured in the road, heard her murmur then said he was sorry, before fleeing the scene to a nearby farm. Amy, of Whaplode Drove, died in hospital the following day on November 14, 2022, from multiple pelvic and abdominal injuries.
Kelk was jailed for eight years and three months the following February after admitting causing Amy's death by dangerous driving, causing death when driving while disqualified, failing to provide details of a crash and driving without insurance on November 13, and possession of cannabis on November 14.
In October he appealed his sentence, saying it was excessive. That appeal was dismissed.
Amy's family would go on to discover that not only should her killer have not been on the road, he should have been locked up.
Kelk had 22 convictions for 52 offences including convictions for drink driving. In 2017, he was sentenced to six years and nine months imprisonment for possession of a firearm with intent to cause fear of violence.
In May 2024 the family received a Serious Further Offence report from the Lincolnshire Probation service.
Amy's mum, Amanda Cooper, said: "Of course we knew he had been driving whilst he was banned, so we knew there would be mistakes as they should have stopped that happening if they were supervising him properly.
"When they disclosed it to us last May, the scale of the mistakes was just horrifying. It's a 76 page report." Amanda says she and her son were visited by the service last year with the report.
She added: "They were fully aware that he was driving, we have it in black in white in that report." The confidential report shows that Kelk could have been recalled to prison several times between October 7, 2020 and November 1, 2022, for a variety of reasons.
He had been caught driving illegally on November 18, 2020 and crashed a car into a tree during March, 2021.
The report also confirmed that Kelk had been convicted of four driving offences in the three years leading up to his custodial sentence. Amanda said: "It took us all a while to wade back through the report, it knocks you down and you can only tackle a bit at a time when you are in the right mindset.
"But it gradually dawned on us, that not only was he driving when he shouldn't have been, he also should have been recalled to prison before that point because he breached the terms of his license so many times, they should have recalled him.
"It was flagged up as a possibility at stages in his probation, his license period, but nobody took the responsibility to make it happen. So on the night that he killed Amy, not only should he not have been driving, he should not have been out of jail."
The family say they "let this sink in" and after a while contacted Lincolnshire's Coroner's Court to request the reopening of the inquest due to what they felt was new information and contributing factors to Amy's death. This request was turned down.
Amanda added: "What I wanted was for the coroner to issue a Prevention of Further Death order." She feels this order is needed to "make these institutions do something."
A spokesperson for the Coroners Office stated: "The Coroner made a judicial decision which was explained to the family at the time. It is not appropriate for any further comment to be made."
The mum also applied to the prison and probation service to request a public enquiry. This was declined, but in October 2024 the family did finally receive a written apology.
Amanda has chosen to raise the issue now because they don't want it to be swept under the carpet. "It devalues Amy's life and it's not right," she added. The family are now advocating for change and want crimes committed on the road more seriously.
Amanda said: "They just don't seem to take it seriously and the coroner doesn't seem to take it seriously, it's a systemic attitude to road crime that it doesn't matter, but it does matter, it's innocent victims.
"With driving it can happen to absolutely anybody, and its the innocent people that get killed, and there needs to be a shift in attitudes to road crime in our opinion." She wants the government to "tighten up" its procedures for road crime, and they hope to achieve that in Amy's memory.
A Ministry of Justice spokesperson said: “This was a terrible crime and our thoughts remain with the family and friends of Amy Cooper. While serious further offences are rare, they have a devastating impact and we take each one extremely seriously.
"We have taken action to address these issues, including reviewing the guidance for probation staff on assessing the risk posed by serious driving offenders."
Throughout the process Amy's family has been supported by Roadpeace, a charity dedicating to "supporting those left devastated by road crashes." A spokesperson for the charity said: "Our hearts go out to Amanda Cooper and her family following the tragic loss of Amy.
"No family should have to endure such pain, and we are committed to providing compassionate support to those facing unimaginable grief. We offer emotional support through our helpline, peer-support groups, and resilience-building programmes, helping families navigate the difficult journey following a road death."
They added: "We also campaign for justice and safer roads to prevent more lives being needlessly lost. We will continue to stand alongside families like Amanda’s, ensuring they feel heard, supported, and empowered as they seek justice and rebuild their lives.”
