An Angus man charged with injuring a 90-year-old in a bizarre road collision has escaped trial after a car to be used in evidence was crushed.
Christopher Cummings Stewart, 32, from Arbroath was accused of driving into a bus shelter causing it to collapse on the late Alexander Martin in Arbroath on January 14 last year.
During a debate at Arbroath Sheriff Court, defence agent Nick Whelan successfully argued that his expert witness could not examine the vehicle as it had already been disposed of.
The Crown Office confirmed it is considering an appeal against Sheriff Peter Paterson’s decision to drop the charge.
A spokesman said: “We note the decision of the court. The Crown will consider whether there are any grounds for lodging an appeal.”
It had been alleged that Stewart, from Newton Avenue, Arbroath, drove dangerously on the town’s Westway by mounting a pavement and driving along it, colliding with a bus shelter causing it to collapse on the 90-year old man and another man.
The charge stated his actions caused injury to both men and damage to a passing vehicle.
It was also alleged that Stewart then continued to drive along the pavement, causing some pedestrians to take evasive action.
The court previously heard that a particular part of the car a track rod was to have been included in evidence by the defence.
Mr Whelan said his expert could not have determined whether the rod had snapped prior to or after the collision without seeing the vehicle to check marks on its underside.
There was no dispute from the Crown that the vehicle had been destroyed early last year.
Stewart previously admitted his guilt on two other charges relating to the same incident. Those were driving without an MOT and driving while under the influence of drink or drugs.
He is due to appear for sentencing on Tuesday August 13 in relation to the guilty pleas.
Mr Whelan confirmed Alexander Martin has died since the incident in January last year.
The Courier asked Police Scotland for comment but it was not received.