Further delay in bus crash trial

The trial of a bus driver, accused of being at the wheel of a double decker involved in a horror crash in Crieff almost two years ago, has been delayed until next month.

Twenty-six-year-old Stagecoach driver Fraser McGregor, of, Glencarse, was to have faced trial at a jury sitting which opened at Perth Sheriff Court on Monday.

But that has now been put off until September 18.

Perth Sheriff Court was told that the defence wanted to address what were described as “shortcomings” in a report prepared for them by an expert witness.

Mr McGregor has denied driving the bus dangerously in Broich Road, Crieff, on November 6, 2015.

It is alleged that he mounted the pavement, collided with Lena Tocher and pinned her against a wall, causing serious injury.

The defence wanted the trial adjourned out of the latest two-week sheriff and jury sitting.

But Sheriff Gillian Wade said she wasn’t prepared to grant that motion at that point.

Instead, she continued matters until Wednesday morning and meantime said she wanted “urgent steps taken” to address the shortcoming identified by the defence.

Depute fiscal John Malpass said that the Crown opposed the adjournment motion given the lengthy procedural history of the case.

He pointed out that the accused had first appeared in private, charged with dangerous driving, at the Perth court on April 19, 2016.

There had been discussions with the defence, however, which had enabled certain facts to be agreed, thus reducing the number of potential witnesses from 46 to 11.

The court was told on Wednesday that the defence expert was “out of the country” at the moment and wasn’t expected back until September 11.

In view of the circumstances, Sheriff Wade granted the adjournment. Court.

Kevin McCallum, QC, told the court his client gained no “personal enrichment or gratification.”

He had effectively been “robbing Peter to Paul” when one of his companies got into difficulties.

But HM Customs and Revenue (HMRC) has been making inquiries in France where Newing-Davis’ wife lives.

Depute fiscal John Malpass asked for a 12-week continuation of the action. He explained: “There is information coming from France , which requires to be disclosed, and information from HMRC.”

The case was continued until November 8.

The accused was a director of Trainpeople.co.uk - a recruitment agency - and Ptarmigan Transport Solutions Ltd at the time.

But instead of paying his VAT, he was effectively re-circulating the cash to meet his payroll and PAYE liabilities.

Sheriff William Wood noted that the five fraud charges he had admitted had taken place over 15-16 months and involved a considerable sum.

He had also instructed staff to falsify reports submitted to HMRC - and that had resulted in “a substantial fraud on the taxpayer”.

The sheriff added: “Only a custodial sentence will be appropriate.”

In a case which had been dragging through the courts since he first faced charges in December, 2013, Newing-Davis finally admitted that he was concerned in the fraudulent evasion of VAT by knowingly submitting false returns to HMRC between March, 2010, and June 7, 2011.

He fraudulently evaded paying £20,190.98, £31,500, £45,991.52, £38,496.83 and then £38,000 in VAT over the 15-month period.

Not guilty pleas were accepted to four other fraud charges involving almost £213,000, said to have been committed between July, 2011, and June, 2012.

The delays in bringing the case to a conclusion were blamed at an earlier hearing on the “voluminous” paperwork generated.

There were said to be 14,000 pages of documents associated with the original 11-charge indictment.

Mr McCallum asked that his client be considered for a Community Payback Order as a direct alternative to jail.

A first offender, he had shown a “considerable degree” of remorse.

He was now working as a parttime bus driver in London and also carried out some consultancy work.

He was also involved with the Anglican Church and members were supporting his wife who had health issues and was living in France.

“The money wasn’t siphoned out of the business for personal gain,” stressed the QC. pay