An ex-footballer whose careless driving killed a former soldier in Fife went on to commit three separate speeding offences while awaiting trial over the death, a shocked high court judge heard.
Craig Smart, 44, one-time centre forward with Montrose FC, was appearing for sentence after being found guilty earlier this month of causing the death of Dave McArthur on November 28, 2019.
Smart collided with the pedestrian on a zebra crossing in Cardenden in his flooring company employers’ Ford Transit van.
The High Court in Aberdeen heard that after the fatal crash, Smart picked up two fixed penalty tickets within a few days in July 2021 while speeding to a job and another in January 2022.
‘No remorse’
Judge Lord Scott said the post-fatality speeding offences were “very striking”.
He told Smart: “I’ve had cases in the past where someone has been unable to drive because of the trauma that they suffered from having caused someone else’s death.
“To not only drive but to drive at excessive speed, is something that I find difficult to understand.”
He said there was “not really a remorseful attitude apparent at all” from Smart, according to a background report prepared by a social worker for the sentencing.
However, because the document did not fully cover the possibility of a non-custodial disposal, he was required to obtain a supplementary report.
He further deferred sentence to the High Court in Stirling on April 24 and told Smart: “You should come back prepared for custody but you have a statutory protection and I can’t send you to custody unless it’s the only appropriate disposal.
“The only way to be satisfied about that is to have a report that canvasses that in more detail.”
Judge’s apology to family
Lord Scott apologised to members of Mr McArthur’s family on the public benches, who had travelled from Fife to Aberdeen expecting to see Smart sentenced.
He told them: “I’m sorry we’re not able to deal with this today.
“The report from the social worker is not sufficient and not satisfactory.
“There are things I expect to have been given information about and I’ve not.
“It’s more than unfortunate that you’ve had to travel up here and it’s still not over.”
Fatal collision
Mr McArthur, a 43-year-old father-of-two, who worked with people with addictions, was using the crossing to reach a Tesco Express when he was hit.
He was thrown nearly ten metres, suffering such a severe head injury he died in hospital two days later.
A witness described Smart’s van doing “excessive speed” – though police estimated 20 to 27 mph – and then “a loud bang”.
Smart got out and phoned his girlfriend saying, “I’ve hit someone”.
She replied, “don’t run” but after just eight-and-a-half minutes, without waiting for the emergency services, he “took off”, abandoning the van nearly four miles away in Kirkcaldy.
Father-of-three Smart, a floor layer, had originally faced a charge of causing death by dangerous driving but the jury opted to convict of the less serious offence of causing death by careless driving.
Smart, of Carradale Gardens, Kirkcaldy, was also found guilty of attempting to pervert the course of justice by leaving the scene and turning off his phone in a bid to prevent arrest and assessment of his capability to drive.
Lord Scott said this gave “an additional layer of gravity” to the incident.
He said: “At least two people said to him don’t go – someone at the scene and his own partner on the phone.”
He said the social background report suggested Smart was “very much focused on the impact of the events upon himself”.
Smart’s counsel, Ronnie Renucci KC said: “It would appear on one view that there’s been an element of personal dislike by the writer of the report in relation to Mr Smart.”
Smart’s interim driving ban was continued.
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