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aus+uk / uk.rec.cycling / Re: Kelty truck driver jailed for causing death of cyclist

SubjectAuthor
o Re: Kelty truck driver jailed for causing death of cyclistSpike

1
Re: Kelty truck driver jailed for causing death of cyclist

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https://news.novabbs.org/aus+uk/article-flat.php?id=32843&group=uk.rec.cycling#32843

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From: aero.spike@btinternet.invalid (Spike)
Newsgroups: uk.rec.cycling
Subject: Re: Kelty truck driver jailed for causing death of cyclist
Date: 9 Sep 2023 16:43:03 GMT
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 by: Spike - Sat, 9 Sep 2023 16:43 UTC

I take it this will be a new addition your dismal collection of road
deaths?

swldx...@gmail.com <swldxer1958@gmail.com> wrote:
> A Kelty motorist who drove while under the influence of cannabis has
> been jailed for causing the death of a heroic nurse who was cycling to
> work in an intensive care unit during the Covid pandemic.
>
> Douglas Toshack, 51, was more than two times over the legal limit for
> driving with cannabis when he struck James Harrison with his Mercedes
> flatbed truck in Edinburgh on June 25, 2020.
>
> A jury at the High Court in the city heard how Toshack failed to pay
> attention on the A772 Gilmerton Road at its junction with Kingston Avenue
> and Mount Vernon Road.
>
> He failed to see the father-of-two, who had volunteered to work in
> intensive care during the pandemic, biking his way to work at Edinburgh Royal Infirmary.
>
> Mr Harrison was in the opposite lane and was heard to shout ‘whoa whoa
> whoa’ moments before Toshack turned right and struck him. Toshack’s
> vehicle then drove over Mr Harrison, who died later in the day at his workplace.
>
> Police later discovered that Toshack had 5.1 micorgrammes of cannabis per
> litre of blood - the legal limit is two microgrammes.
>
> Toshack stood trial on a charge of causing Mr Harrison’s death by
> dangerous driving. But on Friday afternoon, jurors found Toshack guilty
> of an alternative charge of causing Mr Harrison’s death by driving
> without ‘due care and attention’.
>
> They also found him guilty of driving whilst over the legal limit for cannabis.
>
> Following the jury’s verdict, prosecutor David Dickson submitted a victim
> impact statement to the court from Mr Harrison’s wife and two children.
> The document detailed the impact that Mr Harrison’s death has had on his loved ones.
>
> Mr Dickson told judge Lord Sandison: “James Harrison was 36 years old at
> the time of his death. He was a nurse who was working in intensive care
> at Edinburgh Royal Infimary and at the time of his death was on his way to work.”
>
> Lord Sandison deferred sentence for the court to obtain a report about
> Toshack’s background and he refused a request from defence solicitor
> advocate Jim Keegan KC to continue his client’s bail.
>
> Lord Sandison told Toshack: “This is a very serious offence. It goes
> without saying that I’m going to call for a Criminal Justice Social Work Report.
>
> “I have listened to what Mr Keegan has said but given the gravity of the
> offence and the likelihood of a custodial sentence, I am going to remand you meantime.”
>
> Lord Sandison also disqualified Toshack from driving. He will be
> sentenced later this year at the High Court in Edinburgh.
>
> The verdicts came at the end of a four-day trial. Giving evidence,
> Toshack admitted to smoking cannabis the night before the collision. He
> said he was a father of two who had been taking the drug for the past 30 years.
>
> He said he hadn’t seen Mr Harrison in the moments leading up to the collision.
>
> Describing the moments following the collision, Toshack added: “I was
> completely bewildered. I pulled over at a safe space. I got out to see
> what had happened. I saw a cyclist lying on the road. I was in a bit of
> shock. I phoned an ambulance straight away.”
>
> Mr Harrison was a lead research nurse in cardiology at NHS Lothian and
> volunteered in an intensive care unit to support the Covid-19 response.
>
> He was also an official for Scottish Athletics and an athlete and team
> manager at Corstorphine AAC.
>
> https://www.centralfifetimes.com/news/23778315.kelty-truck-driver-jailed-causing-death-cyclist/
>
>

--
Spike

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