A careless taxi driver who killed an Arbroath biker travelling home from England has been sent to jail.
Martin Gibson, 58, admitted striking the Triumph motorcycle John Hammerton was riding on the A9 in Perthshire on May 19 2023.
Mr Hammerton, 63, had called his partner to let her know he would soon be home but was pronounced dead just over an hour later after being struck near Auchterarder.
The horrific smash was captured on dashcam footage from inside Gibson’s vehicle, previously played to Dundee Sheriff Court.
Gibson pled guilty last month to causing the death of Mr Hammerton, a former Royal Marine, through careless driving and returned to the dock for sentencing.
Mr Hammerton’s emotional loved ones, along with members of Gibson’s family, viewed proceedings from the public gallery.
Sheriff Tim Niven-Smith said: “Keith John Hammerton was doing nothing other than travelling home after work to his loved ones in Arbroath.
“He was travelling properly on the dual carriageway and within the appropriate speed limit.
“The deceased lost his life as a relatively young man with much to live for and by your actions, was killed that evening.
“The deceased was in no way at fault in relation to this incident.”
Gibson, from Sauchie, was carrying a couple in his Skoda Superb private hire taxi when he approached the junction with the A824.
He later told police: “I didn’t see him,” but crash investigators said this was “inexplicable” because of how well-lit that section of the road was.
In his social work interview, Gibson claimed he looked right “three times” but photo evidence showed he only “glanced” once and failed to stop.
Desperate life-saving attempt
Prosecutor Anna Robertson said previously: “The Skoda driven by the accused approached the junction of the A824 with the A9 and slowed to about 20mph but did not stop.
“The driver looked to his right and thereafter, continued forwards and committed to crossing the northbound carriageway.
“The Skoda intended to cross onto the southbound carriageway and continue south towards Stirling.
“A collision occurred halfway across the northbound carriageway.
“The point of impact was at the mid-section of the Skoda and the collision caused its rear to rotate in a clockwise direction.”
Emergency services rushed to the road and Mr Hammerton was pronounced dead by medics at 11.59pm.
Other drivers also stopped their vehicles in a desperate effort to save Mr Hammerton’s life.
Mr Hammerton had earlier contacted his partner to let her know that he was 10 miles from Stirling and would have been home in Arbroath by midnight.
He had been working in the Slough area as a medic on a film set.
‘Inexplicable’ accident
An investigation concluded Gibson had a minimum of six seconds in which Mr Hammerton’s bike would have been visible.
Ms Robertson said: “There is, in the opinion of the investigators, no reasonable explanation for the failure to observe the motorcycle other than to put it down to inattentiveness on the part of the Skoda driver.
“Especially given how visible the motorcycle must have been in such a well-lit section of carriageway, and with its headlight illuminated.
“The motorcyclist was positioned where he should have been and was there to be seen.
“The Skoda driver has inexplicably failed to see him.”
Apologies offered
Gibson spent days in hospital with broken ribs and rear passenger Laura Boyle suffered minor injuries.
Defence counsel Gareth Reid reiterated the apology he previously tendered on Gibson’s behalf and argued his client’s actions were due to “momentary inattention”.
“I don’t think there can be any doubt about Mr Gibson’s remorse for what has happened.
“That is articulated throughout the (social work) report.
“There are simply no words that can lesser the grief for which Mr Hammerton’s relatives and loved ones have endured.
“Mr Gibson will have to live with that for the rest of his life.”
‘Total lack of care’
The advocate insisted Gibson’s previous good character, pro-social circumstances and remorse meant a community-based sentence could follow.
Sheriff Niven-Smith, however, said Gibson had passed the custody threshold and believed the seriousness of the crime fell not far short of dangerous driving.
He referenced the A9 between Inveralmond roundabout and Stirling being an accident and fatality hotspot, Gibson’s work as a professional driver as well as the ‘Think once…Think twice…Think bike’ road safety advert.
The sheriff said: “It appears to me you had a total lack of due care and attention as you approached from the environs of Aberuthven to the dual carriageway.
“It should be self-evident to anyone other than the most naïve of road users that the A9 is a particularly dangerous road to travel.
“You do not seem to have guarded against that by your actions.”
Mr Hammerton’s partner provided a victim impact statement to the court prior to sentencing.
Sheriff Niven-Smith added: “She has had a torrid, terrible year since the passing of her partner and I am satisfied wholly that she is struggling daily, minute-by-minute to come to terms with what happened.”
Gibson was sentenced to 15 months in prison and disqualified from driving for a total of 22 months and 15 days.
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