Death By Dangerous Driving Edinburgh High Court, 26 May-1 June
Our client was facing 10 years in custody on a Death By Dangerous Driving charge but was found not guilty of that charge today when the jury returned a verdict of guilty to simple Careless Driving. He was ordered to pay £150 fine and 3pp endorsed on his licence. The young man had been devastated by the death of an elderly lady who stepped in front of his motorcycle as he rode through the streets of Edinburgh. When he first came to us he explained that she came from the “wrong side of the street, between stationary vehicles and he had no chance of seeing her” However he felt that he would never be believed as he was a young motor cyclist and she was a respectable elderly lady that any jury would ofcourse feel a tremendous amount of sympathy for. However through unstinting defence preparation and the eagle eye of Steven Farmer we discovered some CCTV footage that the Crown expert had failed to even see! That CCTV evidence was crucial in demonstrating that the Crown allegations that our client had been “filtering” and had been on the wrong side of the road were simply wrong. The trial lasted several days and Ian Duguid QC was utterly marvelous at leaving no stone unturned in his presentation of the case to the jury. The family of the bereaved have the deepest sympathy of all concerned however it would not have been right if this young man had gone to prison for something that he could not have avoided in the particular circumstances of this case. The Crown have to be congratulated as they were relentless in their pursuit of a conviction for Death by Dangerous Driving and this compelled us to present everything to the jury and seek their final determination on the case. An arduous case for any jury member and we thank them all for their deliberations and care with which they dealt with this difficult case.