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Highland parents’ anguish as man responsible for son's death in Ross-shire road traffic accident is freed early


By Alasdair Fraser

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Lorraine and Richard Robertson with son Kyle.
Lorraine and Richard Robertson with son Kyle.

A grieving mother has described her family’s anguish after the reckless driver who killed her son was released from prison early.

Devastated Lorraine Robertson says she has “completely lost faith in the justice system” after Mikey Durdle (24) walked free on Monday after serving just one year and three days of a three-year jail sentence.

Durdle, from Beauly, was originally due to be freed on September 3 this year but has been electronically tagged and placed on home detention curfew (HDC) instead, meaning he must stay at home between 7pm and 7am every night.

Kyle Robertson was just 20 when he died of catastrophic head injuries sustained in a crash on the A835 near Garve on February 25, 2018.

The qualified plant engineer and car enthusiast with a “deep love for life and his family” had met up with a group of friends to drive to a viewpoint between Achnasheen and Kinlochewe.

Durdle was travelling at between 76 and 84mph on the 60mph stretch before attempting to overtake two vehicles, one driven by Mr Robertson.

His Audi S3 struck the Inverness man’s Seat Leon, causing it to leave the road, cross a verge and railway line, before hitting a tree.

Describing her deep shock at Durdle’s early release, Mrs Robertson said: “The three-year sentence, to begin with, caused our family a lot of distress.

“We then had to try to accept, reluctantly, that he would be out in 18 months. We did that, although it has been hard.

“To then learn that his release would be even earlier is just totally devastating. It has hit my family all over again.

“To serve just 12 months and three days for taking my son’s life is just wrong.”

At the High Court in Edinburgh on January 27 last year, Durdle pleaded guilty to causing death by driving dangerously and at excessive speed.

He was warned at the time by Judge Lord Arthurson he faced a substantial custodial sentence.

But the victim’s family were left distraught at the High Court in Aberdeen on March 5 last year when Durdle was handed a three-year prison sentence.

The tragedy and sentencing have left Mrs Robertson (50), husband and dad Richard (54), and four other grown-up children unable to find peace of mind.

The latest hammer-blow came on January 16 when the Scottish Prison Service (SPS) informed them of Durdle’s application for early release through HDC.

They had 13 days to submit an objection, which they did along with a letter of support from Inverness and Nairn MSP Fergus Ewing, but heard nothing back until they telephoned the SPS last week.

Mrs Robertson, of Smithton Park, said: “This is with us every minute of every day. I’m still receiving grief counselling.

“The court outcome and, now this, makes it very difficult to move on.

“Everything that has happened has had a devastating impact on the whole family and through all this, we feel we’ve been unable to grieve for our son. We hoped some comfort would have come from a justifiable sentence but I’ve completely lost faith and any respect for the justice system.

“One day you can feel a bit better and the next you just get kicked right back down again. If he had at least served the full period, we could have accepted that.

“What myself and my family has been through is absolutely shocking.”

Mr Robertson was born with cystic fibrosis, but had cheerfully battled the condition to lead close to a normal and happy life.

A cystic fibrosis charity the family supported, The Leanne Fund, were the only ones to step in to help Mrs Robertson, who said: “If it wasn’t for them, I don’t think I would be here today.”

Mr Robertson is survived by siblings Allan Robertson (34), Kerry Holland (33), Michele Robertson (29) and Natasha Robertson (25).

Describing her son, Mrs Robertson said: “Kyle lived life to the fullest. He always said that cystic fibrosis wouldn’t beat him, he would beat it.

“He loved his job and his cars. He was just a happy-go-lucky lad – the happiest boy you could meet.

“He lived for his family and just adored his nieces and nephews.

“He was a charmer with a great sense of humour, and used to get away with little quips to the ladies no other lad would get away with.

“I know we all say this about our kids, but he was just an amazing lad.”

A Scottish Prison Service spokesman said: “There are provisions which allow for individuals who qualify for HDC to be released for periods of up to six months.

“If an individual meets the criteria, they will be considered for HDC, which is effectively about serving the final part of their sentence in the community.

“There are statutory criteria laid down, and certain exclusions. These exclusions apply to particular offences, such as violent crime and sex offences, with the vast majority of HDC release prisoners being those on short-term sentences of less than four years.”




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