A grieving widow has described the sentence given to an Angus man, whose careless driving killed her husband, as “a slap on the wrist.”
Maria Pritchard (49), of Golf Road Park, Brechin, was speaking after machine operator Alan Stewart (50) was ordered to perform 150 hours’ community service and banned from driving for two years at the High Court in Edinburgh on Wednesday.
She said, “I don’t feel as if justice has been done.
“It’s just like he’s had a slap on the wrist a telling off really.”
She added, “At the end of the day a person’s life has been taken.”
Stewart, of Baitland Cottage, Airlie, was acquitted at the High Court in Dundee of the original charge of causing the death of Philip Pritchard (48) by driving dangerously between Kirriemuir and Alyth a charge which almost inevitably leads to jail.
But after a four-day trial, a jury found Stewart guilty of a lesser charge of causing death by driving carelessly.
“I was disappointed when I heard the sentence,” said Mrs Pritchard. “Obviously when someone takes another person’s life you don’t think they are going to get a two-year ban and 150 hours’ community service.
“You don’t feel anything has been done to him.
“Our family have suffered, the children have lost their dad, I’ve lost my husband, my mother-in-law has lost her son, but he’s got the rest of his life with his family.”Children’s supportStewart had denied that on November 24, 2008, at Reedie Farm, by Westmuir, Angus, he caused the death of trainee driving instructor Mr Pritchard by driving dangerously and attempting to overtake a lorry when it was unsafe to do so, and caused his car to collide with Mr Pritchard’s, who was so severely injured that he died.
Stewart was blinded by spray as he passed a lorry on the A926 Kirriemuir to Alyth road.
Mr Pritchard, heading in the opposite direction, died after Stewart’s Citroen collided with his Fiat Punto.
Mrs Pritchard said she wouldn’t have got through the last two years if it wasn’t for the support of sons Andrew (20), Simon (23) and Andrew’s twin sister Andrea.
She said, “There is some relief that this has come to a closure, but it’s carrying on that’s the difficult thing.
“I’ve tried to move on with my life but it’s never going to be the same again.”
She added, “We were married for 26 years. We worked together for seven years. He was always here, he was a family man and he worked to keep a roof over his family’s head.
“He was also a friend as well as a father to his children and he was always there for them. If I hadn’t had the three children at home I don’t know what I would have done.
“Without them I probably wouldn’t be here right now to be truthful.”
Neither she nor other members of her family were in court on Wednesday as they were aware that Stewart was not going to get more than a ban and community service.
At the High Court Lady Clark said, “I have to take account of the quality of driving.
“Sentence is not determined by the consequences of driving.”
The judge told Stewart, “You faced a much more serious charge of causing death by dangerous driving but having heard the evidence the jury acquitted you of that very serious charge.”
Defence advocate Tony Graham, pleading with Lady Clark not to jail Stewart, said the tragic accident was the result of a minor lapse in concentration.
Mr Graham said, “Stewart accepts the moral responsibility and now has to accept the legal responsibility for the destruction of life.
“He also understands the void left in the lives of Mr Pritchard’s family will never heal.
“For that he feels eternally sorry.”
The trial heard that Mr Pritchard had been heading for work.
Stewart, who pulled out to overtake with a blind summit looming, said he had not seen anything coming towards him and thought he had sufficient time to overtake the lorry before the rise.
When he was beside the lorry he couldn’t see because of spray from its wheels. When he used his wipers he saw Mr Pritchard’s car coming towards him, but was unable to avoid hitting the Fiat.
Lorry driver Brian Alexander (63) said he had tried to warn Mr Pritchard by flashing his lights. He also tried to wind down his window to signal to the Citroen Xsara, but was unable to do so in time.
Under examination by Mr Graham during the trial, Stewart said he “froze” when he saw the oncoming car as he overtook the lorry.
He said, “All I knew was I had overtaken the lorry and was travelling alongside it and when I got to near enough the cab there was a splash of water that came up and I put the wipers on. When the wipers had wiped the windscreen, that is when I think I saw the other car coming and I froze.”
Asked by Mr Graham how he felt about the fact a man had died while he was driving on the wrong side of the road, Stewart said, “I feel awful about it I have always felt awful about it.
“Most of the time I wish it was me that had died and not him.”