Evening Telegraph (First Edition)
Killer, 39, jailed for drink-driving crime
A DRINK-driver who was more than twice the legal alcohol limit and driving while disqualified for the sixth time previously killed a man with a knife and a sword, a court heard.
At Dundee Sheriff Court, Sheriff Alastair Brown jailed Mark Harrison for eight months, telling him: “Drink-driving kills people.”
It emerged that Harrison, 39, of Pitalpin Court, had previously been found guilty by a jury of the culpable homicide of Gary Smith in 2004.
Jailing Harrison for his latest offence, Sheriff Brown said: “You have killed someone before. It is time you stopped behaving in a culpable and reckless way. This is the sixth time you have driven while disqualified. The courts have told you before not to do it and you still keep doing it.”
Fiscal depute Kate Irwin told the court police received a tip-off that Harrison was using his car while under the influence at a fast food outlet and traced him at 1am. They watched him get into his car and start it up, the fiscal said.
Sheriff Brown pointed out it was the sixth time he had committed that type of offence. He also pointed out his previous convictions to Harrison’s solicitor David Duncan and asked: “Whom did he kill in 2004?” Mr Duncan said the incident started with a disagreement between his co-accused and the deceased man.
His co-accused had been convicted of murder while Harrison had played a lesser role in the death, he explained. Sheriff Brown said: “The jury must have taken the view there was a certain culpability by Mr Harrison.”
Harrison admitted that on February 21, at Annfield Street, he drove while disqualified and with excess alcohol (53 mics). He was also banned from driving for 32 months and ordered to resit the driving test.
In 2004, Harrison was convicted of the culpable homicide of Mr Smith, of Hillside Court, Menzieshill, using a knife and a sword while his co-accused was convicted of murdering him. Andrew Malone, 26, of Dundee, and Harrison, then 24, grabbed Mr Smith and repeatedly struck him on the body with a knife and a sword during a frenzied attack. Mr Smith was pronounced dead later in Ninewells Hospital.
After a trial at the High Court in Aberdeen Malone was found guilty by majority of murder, while Harrison was convicted of culpable homicide.