Pensioner driver fined for filling station death
Alexander Wotherspoon blamed problems with his mobility car for the tragedy at an Asda store
A pensioner was spared jail today/yesterday (MON) for reversing over and killing a talented teenager as she filled her car up with petrol.
Alexander Wotherspoon, 83, caused the death of Eilish Herron,17, at the Asda filling station in Linwood, Renfrewshire, in September 2014.
Wotherspoon - who has had two hip operations, a knee replacement, uses two sticks to help him walk and has been left with a shorter right leg because of the procedures - was fined ÂŁ5,000 for the offence after being deemed unfit to carry out unpaid work.
And he was banned from driving for five years after a sheriff said no punishment could make up for much-loved Eilish's death.
Wotherspoon struck the pretty teen's Renault Clio with his silver Ford Focus mobility car, which had been adapted to be controlled with hand levers.
Eilish's Clio was knocked out of the way and Wotherspoon then hit her, knocking her to the ground and reversing over her, trapping her under the vehicle and dragging her along the concrete for about 20 yards.
Eilish, who was a keen netball player and coach and was crowned Renfrewshire’s Young Sportsperson of the Year in 2013, was pronounced dead at the scene as a result of a head injury she sustained.
Wotherspoon, of Houston,Renfrewshire, denied causing her death by driving without due care and attention, in breach of Section 2B of the Road Traffic Act 1988, and went on trial at Paisley Sheriff Court last month.
He did not give evidence but, through defence solicitor Laura Irvine, claimed his knee hit a poorly installed hand lever next to his steering wheel, causing his car to shoot back, resulting in Eilish's death. A jury ruled convicted him of careless driving and sentence was deferred until today/yesterday (MON) for background reports.
Miss Irvine said the former soldier and BT engineer was "utterly sorry" and was a shadow of his former self following Eilish's death, which was caused by his "momentary inattention".
She added: "Mr Wotherspoon thinks of it every day and the impact on them.
"He is 83 and finds it difficult to express his emotions. "He doesn't sleep and suffers physically and mentally. "He has no confidence now in making decisions after this - he is a truly broken man. "He feels he has let his own family down.
"I don't think the court can punish Mr Wotherspoon more than he has punished himself."
Sheriff Seith Ireland said it was "an extremely anxious case for all involved" and "a tragic incident."
But he said prison could only be imposed if Wotherspoon's driving was so bad it was close to dangerous driving.
As he spared Wotherspoon jail and opted not to give him a Community Payback Order he said he had considered the effect of Eilish's death on her family, the evidence in the case and Wotherspoon's "present infirmity" and "previously good character."
He said: "Don't stand up, Mr Wotherspoon, your health, in my view, means your mobility is restricted. "I begin by saying, in dealing with this case, what the court can do in punishment could not measure or assuage the grief felt by Eilish Herron's family.
"In my view your health precludes you from undertaking unpaid work as part of a Community Payback Order. "I have come to the view that the sentence that can be imposed here, in all the circumstances, can be, and ought to be, a financial one - an exceptional one.
"I'm going to make a financial disposal which will require you to pay a fine, which will have some effect on you. "It will remind you of the effect your driving had on that fateful day, although it can't be taken to be any valuation of the life of Eilish Herron.
"Her loss is incalculable."
Wotherspoon, who gave up driving as a result of Eilish's death and now has to sit and pass the extended driving test if he wants to drive again, showed no emotion as he was sentenced.
Eilish, of Paisley, was a keen netball player who played for Paisley Juniors, volunteered as a junior coach and was due to start a nursing degree.
After her death Netball Scotland created the The Eilish Herron Young Coach of the Year Award, which will continue as a yearly recognition award for young coaches of the future.
Speaking after Wotherspoon was convicted, Eilish's mum Shanneal branded him "remorseless" and vowed to try and change Scotland's driving laws.
The 47-year-old wants mandatory testing of pensioners so no other family has to endure the pain of losing a loved one to an elderly motorist.