Motorist cleared of causing pensioner's death by careless driving
Last updated 6th Mar 2024
A motorist accused of causing the death of a pensioner in Newcastleton by careless driving has been found not guilty following a two-day trial at Jedburgh Sheriff Court.
Seventy-three-year-old Sandra Inglis died in hospital two days after being hit by a Toyota, being driven by David Johnston, while attempting to cross the road in North Hermitage Street, on September 21st, 2021.
Before acquitting him, Sheriff Peter Paterson turned to the former teacher's family - gathered in the public benches - and explained that he had to be satisfied beyond reasonable doubt that the 49-year-old from Hawick had been driving without due care and attention.
It was a "sad case", he said. "Sad for everybody involved".
But, "taking emotion out of the matter", he added: "I am left with reasonable doubt."
The case centred on the evidence of two expert witnesses - PC Niall Collin, a police forensic collision investigator; and Stuart Blackwood, an expert crash investigator.
PC Collin, put forward by the prosecution, claimed there was no evidence Mr Johnston had made efforts to brake or swerve to avoid Mrs Inglis before the collision.
But, given the time he had to react, Mr Blackwood, put forward by the defence, argued he would have had to braked BEFORE she started to walk across the road to stop in time.
Having been captured on dashcam footage pausing briefly at the side of the road, he said Mrs Inglis jeopardised her own well-being by walking into the path of oncoming traffic.
READ MORE: Dashcam footage shows moment pensioner hit by Toyota in Newcastleton
At the time of her death, Mrs Inglis was described by family and friends as a beloved mum and nana, a wonderful mother-in-law, aunt, friend, colleague "and fixture of so many things in Newcastleton where she lived her whole life."
A JustGiving page was set-up to raise money for Newcastleton First Responders in her memory.
It revealed Mrs Inglis had been involved with the group for many years, both as a first responder - heading out on many late night calls, and latterly as treasurer.
"Her loss has devastated her family and affected the wider community of Copshaw that she was such an active part of," it continued.
"Mum was really community focused, and we think she'd like us to continue to contribute to the village by supporting the local volunteers.
"When mum had her accident there were friendly voices on the scene really quickly. This must have given her comfort. Having first responders groups is so crucial to provide that quick support. We'd like to help others get the same."
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