A9 driver who killed Moray pensioner ‘almost instantaneously’ is sentenced

A man who hit and killed a pensioner on the A9 has been sentenced to carry out unpaid work.

Fraser Syme (24) was driving northbound on the trunk road when he collided with Robert Duncan (90) near the junction for Newtonmore and Ralia on March 20 last year.

Mr Duncan, from Forres, a former farmer, model railway enthusiast and a presenter on Wave Radio in Elgin, was travelling home after a weekend away and had pulled over near the junction in his Ford Fiesta due to suspected food poisoning.

He had just stepped out of the vehicle when he was struck by Syme, who had taken no evasive action to avoid him.

Mr Duncan died ‘almost instantaneously’ at the scene.

Syme had been driving a Peugeot Vauxhall van from Brora to the House of Bruar in his role working for a turf irrigation firm and was returning north when the accident occurred.

At an earlier date, fiscal depute Niall Macdonald told Sheriff Gary Aitken at Inverness Sheriff Court: “Robert Duncan had been travelling home in his Fiesta north after a weekend trip when he stopped his vehicle, partly on the verge and partly on the nearside of the carriageway, that approximately half of his vehicle was protruding into the northbound lane.

“There were no hazards, indicating lights or other lights illuminated on the Fiesta.

“Two drivers ahead of the accused navigated past the parked car by driving around it, which caused them to enter the oncoming lane.

“During the second of these overtakes, Robert Duncan’s driver’s door was fully open, as he was in the process of exiting the vehicle.

“A witness who had been travelling behind the accused for a few miles prior recalled the accused’s driving as unremarkable.

“After passing the Ralia and Newtonmore junction the witness was still behind the accused, navigating the gradual, sweeping curve. The witness saw Robert Duncan’s Fiesta stationary and its rear offside jutting out into the carriageway.

“By the time the accused was nearing the stationary Fiesta, Robert Duncan was outside, standing near the driver’s side.

“The front passenger side of the accused’s van collided with the rear driver’s side of the stationary Fiesta, having neither moved out into the carriageway nor braking.

“The witness said the accused was driving ‘as if the stationary car wasn’t there’.

“The Fiesta was pushed further into the verge and the accused’s van continued north, colliding with Robert Duncan to his left side and causing him to strike the front bonnet and windscreen.”

Members of the public and a retired doctor stopped to help but Mr Duncan showed no signs of life.

Paramedics also attempted CPR at the scene but Mr Duncan was declared dead shortly before 3pm.

Witnesses said Syme was distraught and in shock and said: “I’ve killed a guy.”

Syme, of Charles Sneddon Avenue, Bo’ness, pleaded guilty to causing death through careless driving by failing to maintain proper observation of the road and to take evasive action.

Sheriff Aitken ordered Syme to carry out 200 hours of unpaid work within 18 months and disqualified him from driving for 14 months. Syme will have to sit and pass an extended driving test before he can hold a license again. This is a direct alternative to a custodial sentence.

Sheriff Aitken said: “A fatal road traffic collision is always, regardless of circumstances, a disaster for all concerned. The sad reality is that motor vehicles are so much a part of our day-to-day lives that it’s easy to forget they are lethal weapons.

“There is nothing I can do to alter the consequences; it is not in my gift to turn back time, as Mr Duncan’s family and you would like.

“Whatever I do today, you will have to live with the consequences for the rest of your life.”

Mr Duncan’s daughter was in court and visibly emotional after the sentencing.

Syme’s defence solicitor, David Nicolson KC, told how his client was deeply remorseful and had no previous convictions.

He said: “He has to forever live knowing that he has taken the life of another and will be haunted by that.

“He has a previous good driving record and sought to provide assistance at the scene. Unfortunately, life was lost almost instantaneously and he went to retrieve his phone to call emergency services.”