Driver guilty of caus­ing death of fa­ther of two

Cu­par dad died in early-morn­ing crash on Kirk­caldy road

The Courier & Advertiser (Dundee Edition) - - NEWS - GOR­DON SMITH

A 56-year old Fife man has been found guilty of caus­ing the death of a cy­clist and fa­ther of two in an ac­ci­dent in Kirk­caldy which hap­pened al­most two years ago.

On the third day of his trial at the High Court in Ed­in­burgh, a jury unan­i­mously found David Gor­don, from Dysart, guilty of caus­ing the death of Gary Christie, 38, from Cu­par, by care­less driv­ing. A charge of caus­ing death by dan­ger­ous driv­ing was not proven.

Mr Christie died in Western Gen­eral Hos­pi­tal in Ed­in­burgh two weeks af­ter the ac­ci­dent on Car­berry Road on Novem­ber 1 2016

Gor­don was ac­cused of driv­ing his red Vaux­hall Corsa in the early hours of the morn­ing while the wind­screen was ob­scured, cross­ing over into the op­pos­ing car­riage­way to over­take a cy­clist when it was not safe to do so and col­lid­ing with Mr Christie on his moun­tain bike, caus­ing se­vere in­jury and death.

Joiner Scott Shields, the cy­clist whom Gor­don over­took, told the court it was dry, but frosty at around 6.30am when he was cy­cling up the road to­wards the brow of the hill on the un­clas­si­fied road.

He saw an­other cy­clist, Mr Christie, com­ing in the op­po­site di­rec­tion. Mr Christie had flash­ing lights on his cy­cle.

Mr Shields said: “I heard a bang just a sec­ond af­ter he (the mo­torist) past. I got off my bike and ran to the guy (other cy­clist) ly­ing on the road”.

The other cy­clist was un­re­spon­sive. A young lady had ar­rived, he said, and he asked if she had a phone and con­tacted the am­bu­lance ser­vice.

The lady, Anna Kurowska, saw a red car go­ing past one cy­clist and try­ing to pass an­other when she heard a noise. She saw a man fly over the front of the car and fall to the ground.

PC Paul MacPher­son, ac­ci­dent in­ves­ti­ga­tor, said there was mois­ture in the air, the sun was just com­ing up and there was dew on the road.

The cy­clist, who had been knocked down was wear­ing a dark blue hel­met, black cy­cling top with white side pan­els and black cy­cling trousers with white stripes.

There had been a head-on im­pact be­tween the car and cy­cle with the bike’s front wheel lodged into the front grill of the car and the cy­clist be­ing ejected over the car af­ter hit­ting the wind­screen.

PC MacPher­son said there was con­den­sa­tion on the car’s wind­screen that could have led to loss of vis­i­bil­ity.

De­fence coun­sel Tim Niven Smith told the of­fi­cer that his client had re­turned to his car af­ter the ac­ci­dent to make a phone call to his work­place and had been there for six min­utes breath­ing heav­ily. Could that have caused the wind­screen to mist up? he asked. “Yes” was the re­ply.

When the jury re­turned their ver­dict it was re­vealed that Gor­don had pre­vi­ous road traf­fic of­fences, in­clud­ing two for speed­ing.

Judge Lord Men­zies de­ferred sen­tence un­til Oc­to­ber 12 for re­ports, dis­qual­i­fied Gor­don from driv­ing and or­dered him to hand in any driv­ing li­cence he had to Kirk­caldy Sher­iff Court.

Cu­par man Gary Christie died in hos­pi­tal two weeks af­ter the ac­ci­dent in Kirk­caldy in Novem­ber 2016.

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