Driver who killed former police officer in crash near Dumfries avoids prison

41-year-old Robert Findlay was given 200 hours of unpaid work for causing the death of James Dalkin by careless driving

Author: Paul KellyPublished 16th Jul 2021

A driver who killed a former police officer from Lanarkshire, while he was on his motorbike near Dumfries, has walked free from court.

Robert Findlay, 41, crashed into James Dalkin sending the 61-year-old hurling into the air.

Mr Dalkin died having suffered serious chest and abdominal injuries.

Findlay was convicted at the High Court in Glasgow of causing the death by careless driving.

Judge Sean Murphy QC ordered Findlay to do 200 hours of unpaid work, and disqualified him from driving for three years

An earlier hearing was told the tragedy happened on the A76 on October 6 2018.

Findlay was driving his black Ford S-Max while Mr Dalkin was on his Kawasaki motorbike.

Pensioner Mary Whitehead was taking photos nearby when she heard "a bang".

In a police statement, the 74-year-old said: "I saw a silver car being overtaken by a black car and the motorbike.

"The motorbike was already on the overtake with the silver car when the black car pulled out to overtake."

During her testimony, prosecutor Chris McKenna asked the witness what she saw next.

She replied: "I saw the rider of the motorbike flying through the air 10 feet above the ground at least.

"He turned a full 180 degrees in mid-air."

Another witness - 67-year-old Carol Taylor - was in the silver car and recalled commenting about the Ford driver: "What is this idiot doing?"

Mr Dalkin, of Larkhall, suffered several fractures including to his spine and pelvis.

Findlay, of Sanquhar, Dumfries and Galloway, was originally accused of causing death by dangerous driving before being convicted of the lesser charge.

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