Killer driver is spared prison – after victim’s widow begs for mercy
A LORRY driver who killed a cyclist in a horror crash has been spared jail after the victim’s widow made an impassioned plea for mercy.
David McGarry, 59, failed to keep a proper lookout on the single carriageway A85 Road to the Isles near Inverardran, Perthshire.
The front nearside headlight and bumper of his articulated lorry struck retired Edinburgh City Council art teacher Neil Smith.
Stirling Sheriff Court heard the 74-year-old was on a bike ride with his son from Stirling to Crianlarich, from where they had intended to take the train home.
Prosecutor John Adams said McGarry had failed to notice the ‘active and social’ pensioner, a Salvation Army volunteer, from Cambuskenneth, Stirling.
Mr Smith was thrown from his
‘No intention to cause harm’
bicycle by the 40mph impact on August 23, 2021.
He suffered a broken neck and died at the scene, despite the efforts of passers-by to save him.
But, in a statement read out in court by the prosecutor, Mr Smith’s widow, Dr Savi Maharaj, said she sought no retribution.
The lecturer in computing science at the University of Stirling said she would like McGarry – who choked back tears in the dock – to know she understood that what happened was an accident.
She added: ‘I know he had no intention to cause harm and was distraught when he realised what had happened. Should he wish to make some form of reparation, perhaps he can help with efforts to make our roads safer for cyclists.’
The court heard on Wednesday that the collision was on a straight stretch of road on a sunny day, and McGarry would have had 12 seconds to see Mr Smith, who was cycling 3ft out from the verge.
McGarry had been driving towards the sun, but this would have had ‘limited impact’ on visibility.
He told police the sun had been ‘in his eyes’ and he had seen nothing until he heard a ‘bang’. He stopped the lorry, got out, and said he ‘couldn’t believe it’ when he saw the cyclist lying there. He said: ‘I went to pieces then.’ The court heard McGarry was diagnosed with post traumatic stress disorder after the crash and had not driven since.
The truck driver, from Whitehaven, in Cumbria, pleaded guilty to causing Mr Smith’s death by careless driving.
Advocate Gillian Ross, defending, said he was ‘extremely touched’ by Dr Maharaj’s comments and would ‘do anything to reverse the clock’. Sheriff Charles Lugton sentenced McGarry to 160 hours of unpaid work, banned him from driving for 16 months and ordered him to re-sit his test.
He said: ‘The consequences must have been devastating for the family of the deceased, and I note in that regard the very generous comments they have made, which are greatly to their credit.’