A lorry driver who killed a cyclist from Tayside has been spared jail after a sheriff was moved by an impassioned plea for mercy by the victim’s widow.
David McGarry, 59, failed to keep a proper lookout on the single carriageway A85 Road To The Isles near Inverardran, Perthshire.
The front nearside headlight and bumper of his articulated lorry struck retired Edinburgh City Council art teacher Neil Smith, 74, formerly of Arbroath.
He had been on a bike ride with his son from Stirling to Crianlarich.
Prosecutor John Adams said McGarry had failed to notice the “active and social” pensioner – a Salvation Army volunteer, latterly of Cambuskenneth, Stirling – who was thrown from his Dawes road bike by the 40mph impact.
He died at the scene with a broken neck, despite the efforts of passers-by to save him.
Tragedy
Stirling Sheriff Court heard the point of impact was 110 metres into a clear straight on a dry and sunny summer day and McGarry, if he had been looking, would have had 12 seconds to see Mr Smith – cycling a metre out from the verge – and avoid him.
The court heard McGarry had been driving into the sun but it would have had “limited impact” on visibility.
McGarry told police the sun had been “in his eyes” and he had seen nothing until he had heard a “bang”.
He stopped the lorry, got out and “couldn’t believe it” when he saw the cyclist.
He said: “I went to pieces then.”
He passed a breath test and a sight test.
The court heard McGarry was diagnosed with post traumatic stress disorder after the crash and has not driven since.
He later had part of one leg amputated due to diabetes and his driving licence has now expired.
The tragedy happened at 5.35pm on Monday August 23 2021.
Police closed the road for around eight hours to allow a full collision investigation.
McGarry, of Whitehaven, Cumbria, pled guilty to causing death by careless driving.
‘Sometimes people make mistakes’
McGarry choked back tears in the dock as a statement was read to the court by the prosecutor from Mr Smith’s widow, Dr Savi Maharaj.
The senior lecturer in computing science at the University of Stirling said she sought no retribution.
She said she would like Mr McGarry to know she understood what happened was an accident.
She said: “I know he had no intention to cause harm and was distraught when he realised what had happened.
“My dear husband Neil was a kind and thoughtful man who spent time volunteering for Citizens’ Advice and the Salvation Army.
“He understood that people sometimes make mistakes and need a second chance in life.
“He would want Mr McGarry to find peace and move on.
“I would like the court to take whatever action it considers necessary to protect road users from any risk Mr McGarry might pose.
“But I would not want any form of retribution.
“I imagine his life has also been devastated by this accident and I have sympathy for him and hope that he can heal.
“Should he wish to make some form of reparation, perhaps he can help with efforts to make our roads safer for cyclists.”
‘He simply didn’t see Mr Smith’
Advocate Gillian Ross, defending, said McGarry was “extremely touched” by Dr Maharaj’s comments.
She said he would “do anything to reverse the clock”.
She said: “He simply didn’t see Mr Smith.
“He accepts he should have seen him but, for whatever reason, he did not.”
Sheriff Charles Lugton sentenced McGarry to 160 hours of unpaid work, banned him from driving for 16 months, and ordered him to re-sit his test if he wants to drive again.
He said it was “a very tragic case”.
He said: “The consequences must have been devastating for the family of the deceased and I note in that regard the very generous comments they have made, which are greatly to their credit.”
He said he also noted that McGarry had driven for 42 years, with almost no history of road traffic offending.
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