A van driver who killed an award-winning care home chef from Fife as he changed a tyre at the roadside was jailed for three years.
Graham Smith was failing to keep a proper look out on the A90 north of Aberdeen when he struck Black Watch veteran John Grover, 62, who suffered catastrophic injuries.
A judge told Smith, 60, although he had “expressed full and appropriate remorse and victim empathy,” the only appropriate sentence was prison.
Lord Arthurson said at the High Court in Edinburgh he had read “very moving” victim impact statements by members of Mr Grover’s family.
The judge told Smith, a dive technician and former Royal Navy marine engineer, he would have faced a four-and-a-half-year jail term but for his guilty plea.
Smith, of Cairness, near Fraserburgh, earlier admitted causing Mr Grover’s death by driving dangerously on December 16 2021.
Victim joined Black Watch after school
Advocate depute Chris McKenna told the court Mr Grover was born and brought up in the Rosyth area.
The prosecutor said: “On leaving school he joined the Black Watch, Royal Regiment of Scotland, where he served for 24 years, mainly as a chef.
“During his time in the Army, he met his now-ex-wife, with whom he had two children.
“On leaving the Army he continued to work as a chef.
“He met his current partner eight years ago and they resided together in New Pitsligo.
“He had been working as the head chef at the Fairview Care Home, Bridge of Don, Aberdeen, for two years.”
On the day of the fatal collision, Mr Grover was returning home from work on the Aberdeen to Ellon road in his Hyundai i40 when he called his partner to tell her he had a puncture to a front tyre and would stop to change it.
Mr McKenna said: “At the time of the collision, around 15.09pm, it was daylight with good visibility. The weather was fine and dry.”
Mr Grover pulled over, activated his hazard warning lights and began changing the tyre.
A woman driving a minibus, travelling behind Smith, saw the stationary car, half in the lane and half on the verge, and saw Mr Grover crouching down at its front.
Collision investigators said Mr Grover’s vehicle would have been visible from approximately 450 metres away.
There were no vehicles between them to block Smith’s view.
The prosecutor said: “The accused continued to drive his Ford Transit van in lane one.
“He failed to react in any way to the presence of Mr Grover and his car.
“The accused’s van struck Mr Grover as it passed the stationary car.”
The minibus driver stopped to contact the emergency services and off-duty paramedics and a police officer went to his aid.
‘I didn’t see him’
He was initially conscious and breathing but his condition deteriorated and he went into cardiac arrest.
A special operations medical response team carried out extensive emergency treatment on him at the scene but efforts proved futile.
He was found to have suffered head and spinal injuries and multiple fractures after the van crashed into him.
Smith told one witness: “I didn’t see him.”
Defence counsel David Nicolson said on behalf of Smith: “There was a lack of concentration on his behalf that led to this tragic accident.”
He said after serving in the Royal Navy, his client became a dive technician but gave up after the collision because he could not concentrate.
The defence counsel said: “His remorse is absolutely genuine and knows no bounds.
“This is a man with a previous good driving record.”
Smith was banned from driving for six and a half years and will have to sit a test before driving again.
In 2021 John Grover was crowned the best care home chef in Scotland for his work in Barchester’s Fairview House in Danestone, Aberdeen.
Staff and residents nominated him for the nutrition and eating well category of the Scottish Care Home Awards but he was killed before he could be announced as the winner.
His partner Lilias Wright collected the posthumous award and said nothing gave Mr Grover more satisfaction than seeing residents enjoying their meals.
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