A Dundee gym boss has been jailed for causing a horror crash that left a young motorist with a catastrophic brain injury.
Donal Rourke, 26, has been “trapped within his mind and body” since the collision in the city’s Dunsinane Avenue in 2021.
On Friday, members of his family applauded as speeding motorist Scott Cosgrove was led away in handcuffs to begin a 16-month jail term.
Perth Sheriff Court heard the 51-year-old father-of-four was “inexplicably” travelling at double the 30mph speed limit when his Honda Civic ploughed into Mr Rourke’s Ford Fiesta as it turned onto the street.
The devastating moment of impact was captured on CCTV and played in court.
It showed Cosgrove’s car hurtling down the straight road, followed by a loud bang and the sound of screeching brakes.
Life-threatening injuries
Sheriff Jennifer Bain KC told Cosgrove she had no option but to send him to prison.
“The harm which you caused to Mr Rourke is devastating and permanent,” she said.
“His injuries were life-threatening and resulted in severe brain damage.
“Almost four years on, Mr Rourke remains in a vegetative state and has to be cared for in a specialist facility.
“He is fed from a tube, is unable to communicate and does not even recognise his family.”
The sheriff said she was grateful to Mr Rourke’s parents for taking time to write to the court and give insight into the “catastrophic consequences” of the collision.
“I recognise that there is nothing that this court can do to compensate for their loss,” she said.
The sheriff told Cosgrove: “By driving at that speed you took the deliberate decision to ignore the rules of the road, and you disregarded the danger such an excessive speed had on other road users.
“When Mr Rourke did unexpectedly drive out into your path, there was nothing either of you could do to avoid a collision.”
The court heard Cosgrove’s speed was a “causative factor” in the crash.
If he wasn’t speeding the two cars may still have collided, but the impact would have been reduced.
“I take into account the letter you have penned yourself which expresses your considerable regret, remorse and sorrow,” said the sheriff.
“You are able to continue with your life, while the loss suffered by Mr Rourke, his family and friends, will endure.
“I do recognise that you must live daily with the consequences of your actions for the rest of your life.”
The sheriff noted that Cosgrove had been assessed at “minimal risk” of reoffending and that he had largely stopped driving since the incident.
“You have no previous convictions and a clean driving record,” she said.
“However, I have come to the conclusion that the only appropriate sentence to reflect the gravity of this offence, and the harm caused, is a custodial one.”
Cosgrove, of Gleneagles Road, Dundee, was jailed for 16 months and banned from driving for four years and eight months.
The decision was greeted with applause from public gallery.
One family member told the sheriff: “Thank you very much”.
Living through hell
The family of Mr Rourke described Cosgrove as an “absolute coward,” for not pleading guilty years ago at the first opportunity.
“There is no level of hell deep enough for him because nothing compares to the hell our family have been living through since that night almost four years ago,” they said in a statement.
“Donal was the best kind of person and the worst thing imaginable has happened to him.
“And this is all due to the insane actions of one man.
“Everyone around Dundee learns to drive on that industrial estate. To travel along that round at least double the speed limit, and have no consideration for other road users, is abhorrent.
“Because of this man, Donal never made it home that night. And he never will.”
‘A severe error of judgement’
Defence counsel Callum Hiller KC attempted to persuade the court not to jail his client.
“Mr Cosgrove demonstrates lasting and severe remorse,” he said.
“He has a good driving record.
“But for this inexplicable decision to drive as he did, he would never have come to the attention of the court.
“He was not in a rush, he was not under any pressure.
“This was a severe error of judgement in what he thought was a non-built-up area.”
Mr Hiller said Cosgrove had largely given up driving and had started cycling and using public transport.
“This is something he will regret for the rest of his life,” he said.
Cosgrove previously pled guilty to causing severe injury to Mr Rourke by driving dangerously at excessive speed on July 8 2021.
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