Glasgow Times

Speeding driver was on the phone when he mowed down man

- BY GRANT MCCABE

A SPEEDING driver who was on a phone call at the time mowed down a man he claimed had “jumped” out in front of him.

John Paul Smith, 42, was behind the wheel of his Mercedes C220 when he hit Christophe­r Devine, of Clydebank, as he tried to cross the A82 at Great Western Road near Duntocher.

The 34- year- old suffered fatal injuries following the horror collision on November 23, 2020.

Smith yesterday pleaded guilty at the High Court in Glasgow to a charge of causing death by careless driving.

The accounts manager found to have more than 10 times the prescribed limit of a drug called Benzoylecg­onine – a “metabolite from cocaine usage” – following a blood test.

But, a judge was told it was accepted this “played no part” in what happened.

Prosecutor Gavin Anderson KC said: “At the time, Smith was engaged in a ‘ hands- free’ Bluetooth telephone call with an insurance company.”

Police collision investigat­ors concluded Smith had been travelling at an average speed of 71mph in a 50mph zone.

It was said Smith also had a five- second window to react to Mr Devine although this could have been impacted by the rain or glaring lights.

It emerged Smith already had previous conviction­s for careless driving and speeding.

Brian McConnachi­e KC, defending, said: “I have not been able to find another prosecutio­n ( like this) in Scotland. I have found a few in England. It is unusual... in that it is an offence of being over the limit of a prescribed drug despite the fact it effectivel­y played no part ( in what happened).”

Smith, of Dumbarton, will be sentenced in the New Year. Lord Mulholland continued bail for Smith and deferred sentencing for reports.

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