Family says sentence is an ‘affront to justice’

The family of a pensioner who died after being knocked off her mobility scooter on a zebra crossing hit out yesterday as the driver involved was spared jail.

Greta Lambie, 75, suffered fatal head injuries in the incident involving James Cook.

At Falkirk Sheriff Court yesterday Cook was banned from driving for four years, fined £2,000, and ordered to resit his test before ever getting back behind the wheel.

Sheriff John Mundy told Cook: “You’re a man of 77 with no previous convictions.

“This lady, who was on her mobility scooter, is now dead, and the reason for that was careless driving.

“It seems to me that though the court can impose a custodial sentence in these circumstances, it’s not appropriate in this case,” he said. “I think it is appropriate in this case, because there are no aggravating factors, to impose a non-custodial sentence.”

Margaret Duff, 57, the eldest of Mrs Lambie’s six children, said Cook had effectively killed not only her mother but also her grandmother. She said: “My gran, who was 97, died four weeks later because she could not accept what had happened.

“She was heartbroken... The sheriff hasn’t considered the effect on the family.”

Mrs Lambie’s son, Hugh van Lierop, 54, described the sentence as “an affront to justice”. He said: “Terrorists will see cases like this and think they can mow people down and say it was careless driving.”

The incident occurred on Greenside Street, Alloa, on October 27 last year. Mrs Lambie died two days later from a bleed on the brain.

Cook, of Sauchie, who had held a clean licence for 60 years, admitted causing death by careless driving.

Lawyer Robert Smith said that Cook “may have been distracted” by other pedestrians.