A Dundee garage boss was “gambling with other people’s lives” when he overtook seven cars on an approach to a blind bend moments before a fatal smash in Perthshire, a court was told.
Joseph Donachie, 29, drove at “crazy” and “excessive” speeds behind a black BMW driven by scaffolder Lee Tucker on the A93, south of Glenshee.
Mr Tucker’s car went out of control on a blind summit.
It crossed the carriageway, struck a wall and landed on its roof.
Its front seat passenger, Lee’s 23-year-old brother Reece Tucker, died at the scene from blunt force head injuries.
The two young boys in the back were airlifted to hospital.
Donachie and Mr Tucker had been accused of racing each other in the lead-up to the tragedy on January 3, 2021 – an allegation prosecutors subsequently withdrew.
Mr Tucker, 34, was acquitted of causing his brother’s death after a trial at Stirling High Court last month.
Before the trial, Donachie pled guilty to dangerous driving in the lead-up to the accident.
Advocate depute Michael Macintosh told the court: “It is accepted by the Crown that although Mr Donachie’s driving was dangerous and proximate in time and place to Mr Tucker’s collision, it was not causally connected with it.”
‘Pure luck’ further tragedy was avoided
Donachie, who runs a garage in West Gourdie Industrial Estate, appeared for sentencing at Livingston High Court on Wednesday.
Judge Lord Young said: “If you are overtaking at speed on approach to a bend on a single carriageway, it is pure luck there wasn’t another car coming round the bend to create an incredibly dangerous situation.”
He told Donachie: “You drove at excessive speed and carried out a number of overtaking manoeuvres which caused considerable concern to other road users.
“As I hope you now appreciate, your driving had an adverse effect on your partner and other road users.
“The A93 road at that time was busy with families returning after enjoying a day’s out on the slopes at Glenshee.
“It’s only by good fortune that no-one came to any harm as a result of your driving.”
He sentenced Donachie, of Ballumbie Rise Gardens, to carry out 135 hours of unpaid work and banned him from driving for 16 months and until he passes the extended test.
Remorseful
Solicitor-advocate Richard Freeman told the court: “This was more of an error of judgement on his part and even that was out of character for Mr Donachie.
“He leads an otherwise law-abiding lifestyle and has a very strong work ethic.
“He has been running his own business for many years and is in a stable relationship.”
Donachie’s only previous conviction was for an unpaid tax disc, Mr Freeman said.
“This happened more than three years ago when Mr Donachie was 26, still a young man.
“It was a day which started off as a leisurely day out with his partner and ended up as a highly dramatic experience when he witnessed the immediate aftermath of the tragic accident involving his co-accused.
“He assisted one of the children there and gave them first aid.”
Mr Freeman said: “He accepts full responsibility for the manner of his driving and shows genuine remorse.”
He added his client is still receiving counselling following the trauma he suffered.
Donachie was “in full control of his vehicle at all time” during the incident, he added.
“He did not intend to overtake a number of cars at one time but during the course of the overtake instead of coming back into his lane he made the decision to drive ahead.”
Mr Freeman said his client is at low-risk of reoffending.
“The court could take a significant degree of confidence that this was a one-off incident.”
Donachie runs his business with another employee.
“He will have to tell customers he cannot drive or take their cars for a road test,” Mr Freeman said.
‘Mystery’ over crash
Donachie, who said he knew Mr Tucker but not well, told jurors he had been driving home from Glenshee with his girlfriend.
He said it was a “mystery” how Mr Tucker’s car went off the road.
Mr Macintosh previously told the court: “During the course of the journey south from Glenshee, witnesses in other vehicles speak about being overtaken by both a black BMW driven by Mr Tucker and a white BMW driven by Mr Donachie.
“Whilst Mr Donachie’s vehicle was never seen to be in front of Mr Tucker’s, it is described as being the faster of the two.”
He said: “At one stage on a straighter stretch, Mr Donachie is described as overtaking a line of up to seven cars in a single manoeuvre.
“One witness describes being frightened by the noise from Mr Donachie’s exhaust and her car was ‘shaking’ as Mr Donachie passed.”
Mr Macintosh said Donachie’s driving was described as “foolish,” “stupid” and “reckless” and his speed as “excessive,” “crazy” and “totally inappropriate.”
He was well in excess of the speed limit, the prosecutor said.
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