Bus driver cleared of killing pedestrian in Glasgow by careless driving

Christopher Irwin was driving a double decker bus which struck 39-year-old Kevin McFadden near Langside in February 2020

Author: Paul KellyPublished 7th Feb 2023

A bus driver has been cleared of causing the death of a pedestrian in Glasgow by careless driving.

It was claimed during trial at Glasgow Sheriff Court that Christopher Irwin failed to give due care and attention when he crossed the junction of Battlefield Road and Brisbane Street near Langside in February 2020, and struck 39-year-old Kevin McFadden.

But the jury found the 46-year-old not guilty, and he was formally acquitted by Sheriff Brian Cameron.

Court papers stated Irwin, of Paisley, Renfrewshire, was driving without due care and attention on a double decker bus.

Christopher Irwin was accused of failing to give due care and attention

It was claimed that he failed to make proper observations of the road including pedestrians such as Kevin.

The charge said Kevin approached and crossed at the junction

Irwin is stated to have executed a right turning manoeuvre from Battlefield Road into Brisbane Street when it was unsafe to do so.

The allegations said Irwin continued to fail to make proper observations of the road users and entered Brisbane Street when it was unsafe to do so.

Iwrin was alleged not to have given priority to pedestrians including Kevin who was crossing and caused the bus to collide with him whereby he was so severely injured that he died.

Passenger Natalie Scott told the court in her evidence that she got a "bit of a fright" after the bus hit Kevin.

Passengers said they felt 'safe' during the journey

She said: “I jumped out my side and saw the man lying on the ground.”

The witness told jurors she ran down the stairs and went to the exit door.

She said: “The driver was visibly distressed in a state of shock.

“The driver said ‘where the f*** did he come from?’

“I told him I didn’t know and that needs help and an ambulance.”

Euan Dow, defending, asked if there was anything out of the ordinary which took place prior to the incident.

Miss McGowan: “…my experience was it was a very safe journey, I didn’t feel at risk - there was nothing beforehand.”

She added that there was “absolutely nothing” in relation to concern about the manner of driving.

"I didn't go to work to intentionally knock someone down"

Irwin told police officers in an interview that he only became aware of Kevin upon impact.

He added: "There was no way I couldn't have seen him before, he just wasn't there.

"The first time I saw him was the impact on the side of the bus.

"At that moment, I was in shock. I didn't really know what I was doing to be honest, my heart was pounding, I was a bag of nerves but he just appeared.”

"I went to the work to do my work, I didn't go to work to intentionally knock someone down."

Hear the latest news on Clyde 1 on FM, DAB, smart speaker or the Rayo app.