Driver sentenced for causing pedestrian's death in Aberdeenshire
A driver responsible for the death of a man lying on a road in Aberdeenshire at night has been sentenced to unpaid work.
Calum Rae, aged 28, died after being struck by a car driven by 25-year-old Andrew Webster on the A947 in Newmachar in August 2023.
At Aberdeen Sheriff Court, it was revealed that Rae had been drinking and was lying face down on the road. The court heard that Webster may have had time to avoid the collision if he had been driving at a slower speed.
Webster was ordered to complete 140 hours of unpaid work and received a two-year driving ban after admitting to causing death by careless driving. The court was informed that he expressed feelings of guilt and remorse and suffers from flashbacks related to the incident.
The collision occurred in the early hours of 31 August 2023.
Details of the incident
Fiscal depute Harry Findlay told the court that Rae had been drinking and was observed staggering prior to the incident.
He described the collision as a "relatively high-speed collision" when Rae was struck on the road.
Webster indicated that he saw a dark object ahead but did not recognize it as a person. He slowed slightly in case the object was solid and braked hard after impact.
Following the collision, Webster raised the alarm and was reported to be "extremely distressed".
The pedestrian died at the scene. The cause of death was blunt force head injury, and toxicology reports showed a significant blood alcohol level.
The fiscal depute stated that had Webster been driving at an appropriate speed, he might have had time to stop or manoeuvre to avoid the collision.
Sentencing and court remarks
First offender Webster, from Aberdeen, admitted to causing death by careless driving at excessive speed and failing to maintain proper observations on the road ahead.
Defence counsel Gillian Ross KC stated that Webster wished to acknowledge the pain and suffering experienced by the deceased's family.
"He does recognise the profound impact,"
she said regarding Webster's actions.
"Mr Webster himself continues to battle with the consequences,"
which include flashbacks and guilt.
Sheriff Craig Findlater expressed the court's "sincere condolences".
"This is a truly tragic case,"
he said.
The sheriff noted that the collision was not deliberate and determined that a community payback order was the appropriate sentence as an alternative to imprisonment.
Family response
After the sentencing, relatives of the victim issued a statement through their lawyers Digby Brown expressing their disappointment.
"We are extremely disappointed at the sentence,"
they said.
"It does not reflect our loss or the value of Calum's life."
The statement continued:
"The only positive we take from today is that this painful criminal process is now over and we can move forwards and remember Calum in the positive way he deserves.
We'd like to thank everyone who has supported us."
