Fife driver who killed cyclist is spared prison
TRIAL: Judge accepts Dysart man showed remorse
A motorist who killed a cyclist in Fife after driving carelessly was spared jail yesterday.
David Gordon crossed on to the other side of the road to overtake when it was unsafe to do so and collided with Gary Christie’s mountain bike.
Father-of-two Mr Christie, 38, was seriously injured in the incident and died in hospital two weeks later.
A judge told Gordon, 56, at the High Court in Edinburgh that he had given serious consideration to imprisoning him but reached the view it was neither necessary nor appropriate.
Lord Menzies ordered that he carry out the maximum amount of 300 hours of unpaid work under a community payback order and banned him from driving for 10 years.
Lord Menzies said a background report showed that Gordon took full responsibility for causing the death by careless or inconsiderate driving.
Gordon told the author of the report that he should have waited until he was over the brow of a hill at Carberry Road, Kirkcaldy, before overtaking a cyclist travelling in the same direction.
Gordon, of High Street, Dysart, had offered to plead guilty to the offence of causing death by careless driving but that was rejected by the Crown and he stood trial for causing death by dangerous driving by driving when the windscreen was obscured and crossing over into the opposing carriageway to overtake when it was unsafe.
A jury at the High Court in Edinburgh earlier acquitted him of dangerous driving and convicted him of the lesser charge which carries a maximum penalty of five years imprisonment.
Lord Menzies told Gordon: “If you had been convicted of causing death by dangerous driving it would, I think, have been almost inevitable that I would have imposed a sentence of imprisonment on you.”
He said that in Gordon’s case there were no drugs, drink, speeding or other aggravating features involved.
He said: “You have accepted full responsibility for this accident and you have displayed remorse.”
Lord Menzies added that like the writer of the background report he was inclined to believe that the remorse shown by Gordon was genuine.