A Bradford councillor has been jailed for trying to evade capture after he was involved in a fatal hit-and-run accident.

Minicab driver Intkhab Alam was locked up for a total of two years and four months after he admitted perverting the course of justice, failing to stop after an accident and failing to report an accident. He also admitted careless driving which does not carry a jail sentence.

Christopher Benson, 20, was knocked down and killed by Alam's car as he walked across the A650 in Morley at about 2.20am on May 8 last year.

At Leeds Crown Court yesterday Judge James Stewart QC said he was "astonished" that Alam, 31, of Sandford Road, Barkerend, had not been charged with causing death by dangerous driving.

Alam, a father-of-five, who won the Great Horton seat for the Conservatives in 2004, failed to stop after the accident and his vehicle was later found on fire in Valley Road, Manningham, Bradford.

Prosecutor Craig Hassal said skid marks on the road indicated Alam had been driving at a speed of up to 50mph in a 40mph zone but a witness estimated his speed at 60 to 70mph.

Judge Stewart said: "This under-charging which is happening repeatedly is getting out of hand, particularly when it involves a death.

"The problem is we have the family of a young boy whose life was snuffed out and you are telling me the Crown Prosecution Service decided to charge the defendant with the offence of driving without due care and attention, when we hear a witness say he was driving at 60 to 70mph."

Sentencing Alam, Judge Stewart said: "For that piece of driving that caused, in my opinion, the death of this young man it has been thought proper to charge you with the offence of driving without due care and attention.

"I expressed earlier my astonishment and I am not empowered to send you to prison for driving without due care and attention because Parliament does not allow it."

He added: "You were thinking of yourself without any regard for the victim or the victim's family. By your careless driving you snuffed out a young life. Such selfishness and disregard for the system of justice is bad enough in any citizen, it's made even more alarming by the fact you are a councillor who represents fellow citizens."

Speaking after the hearing Christopher's mother, Lynette Twitchett, 44, said: "I have lost my son for life and Mr Alam only gets to serve about 14 months. We are not happy with the sentence. The punishment does not fit the crime due to the Crown Prosecution Service under-charging him as the judge rightly stated. It should have been death by dangerous driving which we strived for from the beginning. If that had been the case perhaps the sentence would have been more fitting."

Also speaking after the hearing Alam's solicitor, Abdul Iftikhal, issued a statement on his behalf which said: "I would like to express my unequivocal heartfelt regret and sorrow for my actions which have caused such great sadness and loss.

"Nothing I can say will mend such heartache. I will live with this for the rest of my life but I know that's nothing compared to the anguish of those who loved Mr Benson so much."

Responding to Judge Stewart's criticism, Neil Franklin, Chief Crown Prosecutor for CPS West Yorkshire said: "We do not in any way agree with his comments with regards to the CPS's management of this sensitive case.

"If we believe that we have a real chance to prosecute death by dangerous driving we will pursue this vigorously. However the CPS must be satisfied that there is enough evidence to provide a realistic prospect of conviction against any defendant before they are charged."

Alam had the Conservative whip withdrawn after his arrest and he has been serving as an independent member since. His private hire licence has also been suspended by Bradford Council.

Judge Stewart ordered that he passes an extended driving test before he is allowed back on the road.