A pensioner who killed a popular Perth teacher out on his daily cycle ride after carrying out a dangerous overtaking manoeuvre has been jailed for two years.
Motorist Thomas Smith,76, struck Adam Pattinson head on after driving into the opposing carriageway as he tried to pass a van and lorry when it was unsafe to do so.
A judge told Smith at the High Court in Edinburgh the death of Mr Pattinson in the collision was “wholly life-changing” for the victim’s family.
Lord Arthurson said he had taken time to read impact statements prepared by close family members, which were “universally eloquent and harrowing”.
He said: “Mr Pattinson’s life was a full life but a life nevertheless cruelly cut short with many happy and fulfilling years with his family and in his career lying ahead of him.
“No sentence that this court could impose could ever begin to reduce the sheer scale of grief felt by that family as they contemplate the loss of Mr Pattinson.”
He told Smith: “Mr Pattinson was a skilled and proficient cyclist who had been wearing full cycling clothing and equipment, including a helmet and a high visibility jacket.
“He was appropriately positioned.
“There was sufficient time to amend your driving but you did not do that.”
The judge pointed out the 36-year-old father of a young son was a very popular teacher at Craigclowan School in Perth and captain of Perthshire rugby club.
Lord Arthurson said he took into account Smith’s genuine remorse, his age and poor health and his previously unblemished driving record.
Smith was also banned from driving for seven years.
‘Big Friendly Teacher’
Smith, of Kestrel Way, in Perth, earlier admitted causing the death of Mr Pattinson on February 28, 2020 on the A912 Aberargie to Bridge of Earn road, in Perth and Kinross, by driving dangerously.
Advocate depute William Frain-Bell said: “He was a very enthusiastic teacher at this school where he had been a pupil.
“His local community was very important to him as was demonstrated by his commitment to the school and Perthshrie rugby club.”
The prosecutor said many tributes were paid by pupils who described him as the ‘BFT’ – Big Friendly Teacher.
Fatal collision
On the morning of his death Mr Pattinson told his wife Claire that he was going for a bike ride and would see her later.
She was expecting him home before he went to work.
Before the fatal collision Smith was driving his Citroen C4 behind a lorry and van and the driver of the lorry could see the oncoming light of Mr Pattinson’s bicycle.
Mr Frain-Bell said: “The accused attempted to overtake both the Transit van and the articulated lorry.
“While carrying out the overtake Smith collided with Adam Pattinson head on.
“Adam Pattinson was thrown into the air, coming to rest on the grass verge to the north of the road.
“The accused’s vehicle continued north west coming into contact with the lorry before leaving the road and colliding with a hedge.”
Killer ‘will never be happy again’
The lorry driver had become aware of Smith’s car before the collision as it moved out to overtake but thought it was not moving fast enough to pass him and get back and applied the brakes.
Police collision investigators concluded Smith pulled out into a position on the roadway where he would have been aware of the oncoming cycle light.
The court heard Mr Pattinson sustained “catastrophic” injury in the collision and would have died almost instantly.
Defence counsel David Nicolson said it had always been Smith’s position he did not see the cyclist, although he cannot explain why.
He said: “There was no question of drink or drugs being involved.
“There was no question of excessive speed.
“He was not distracted by a mobile phone or anything else in his vehicle.”
Mr Nicolson said Smith was not “gambling” by taking a decision to pull out and try to overtake two vehicles in almost pitch blackness.
He said there was heartfelt and genuine remorse on the part of Smith and added: “He described feeling he will never be happy again.”