A teenage driver who killed a pedestrian in Dundee told police after the fatal collision: “It’s not my car. I don’t have permission to drive it. I don’t have a licence. I’m f***ed.”
Kyle McLachlan, 20, was driving a BMW M4 when he struck father-of-two Scott Millar as he walked across a road in Dundee after enjoying a music and dance festival.
Postal worker Mr Millar, 33, died after sustaining serious head injuries and McLachlan failed to stop after the collision.
He drove on from the scene in the city’s Argyllgait but one witness, who was in a nearby car park, followed him in his vehicle flashing his lights and sounding the horn.
McLachlan pulled up near the city’s police headquarters.
‘I didn’t see him’
On Thursday, the High Court in Edinburgh heard as officers approached him he made admissions but claimed: “I didn’t see him he just ran out in front of me.”
The court heard at the time of the fatal collision McLachlan, then aged 17, held a provisional driving licence which was endorsed with six penalty points.
He had convictions for taking a car without consent, driving without insurance and without a licence.
Advocate depute Ashley Edwards QC told the court: “There were a number of pedestrians who witnessed the collision.
“Witnesses in the Lidl car park, some of whom were friends or acquaintances of the accused McLachlan, speak to the accused looking towards the cars in the car park in the seconds immediately before the impact.
“None of the witnesses speak to the accused taking any evasive action.”
Ms Edwards said: “He was not licensed to drive a vehicle unaccompanied and was not covered by a policy of insurance.”
The court heard co-accused, racing driver Finlay Hutchison, 21, from Birkhill, was a named driver of the BMW involved in the fatal collision.
It was owned by Hutchison Technologies, of Harrison Road, Dundee.
Dance event
Hutchison had driven into Dundee city centre on the evening of May 6 in 2018 and parked the vehicle, before making his way to several licensed premises.
He sent McLachlan details of the location of the car and arrangements were made for him to collect the keys for the vehicle from Hutchison.
It was also agreed McLachlan would pick up Hutchison later in the evening.
At about 1 am, McLachlan picked up Hutchison from a pub in the city centre and drove him to Dundee University student union.
Mr Millar had been at the Dundee Dance Event with friends and arrived at Club Tropicana at around midnight.
He was seen crossing Argyllgait about 1.15 am, when he was struck by the BMW driven by McLachlan.
‘Non-survivable brain injury’
Ms Edwards said: “The accused McLachlan failed to take any evasive action prior to the collision. The deceased was in the area of the centre line of the roadway when he was struck.”
Collision investigators concluded the incident happened due to the driver’s failure to observe or react to the presence of Mr Millar in the roadway.
A number of people went to his aid after he was struck but it was obvious he had suffered a significant head injury, the court heard.
Emergency services were contacted and police found him lying on the ground unconscious.
None of the witnesses speak to the accused taking any evasive action.”
Ambulance staff gave him oxygen and he was taken to Ninewells hospital where it was discovered he had sustained “a non-survivable brain injury”.
He later succumbed to his injuries in hospital.
Hutchison approached one the police officers involved in the investigation after the collision and indicated he had heard his car had been involved in a collision.
He stated he noticed his car keys were missing and he had not given them to anyone or given anyone permission to drive the vehicle.
The judge, Lord Boyd of Duncanbsy, called for background reports to be prepared on both men ahead of sentencing next month.
The judge agreed to continue bail for them but said all sentencing options remained open to him. He imposed interim disqualifications on them, preventing them holding or applying for a driving licence.
The charges
McLachlan, now 20, of Blacklaw Drive, Birkhill, admitted causing the death of Mr Millar on May 7 in 2018 by driving dangerously.
He also admitted failing to stop after the incident, driving while not accompanied by a qualified driver and without insurance.
A co-accused, racing driver Finlay Hutchison, 21, of Osprey Road, Dundee, admitted permitting McLachlan to drive the BMW otherwise than in accordance with a licence authorising him to drive and without insurance.
He also pled guilty to attempting to pervert the course of justice by stating to police on he did not give the car keys to anyone and had not given permission to drive the car when he had given the keys to McLachlan and allowed him to drive.
Hutchison further admitted an offence of careless driving on September 2 in 2019 on the A923 between Piperdam and Muirhead by driving at excessive speed and on the opposite side of the road while approaching a bend.
A ‘Rising Star’ in the racing world
Having first entered the world of racing around 10 years ago, Hutchison has worked his way up the ranks and is currently a GT3 endurance racer in the GT World Challenge Europe Series.
The series is the most competitive in Europe, as well as being one of the biggest in the world.
Earlier this year he was signed to French motorsports team Saintéloc Racing, driving for them for the first time at the Circuit Paul Ricard, near Marsaille, in March.
Hutchison is also a member of the Rising Star programme of the British Racing Drivers’ Club.
Members of the scheme are selected by trackside scouts and among its former members is Formula One driver Lewis Hamilton.
Hutchison is due to take part in a first three-hour race of the GT World Challenge Europe Endurance Cup campaign taking place at Monza in Italy on April 18.
A spokeswoman for the British Racing Drivers’ Club confirmed Hutchison is a Rising Star but declined to comment.
Saintéloc Racing has been contacted for comment.
