Court hears death crash driver had morphine in system

Morphine found in the blood of an Aberdeen driver after a horror head-on crash that killed a grandmother on a Mother's Day weekend trip could have been heroin, a court has heard.

Alin Jar was behind the wheel of a Vauxhall Meriva that collided head on with a Renault Megane carrying 57-year-old Jamesina Stewart and her family on the A90 at Toll of Birness.

Mrs Stewart - known as Ina - was killed at the scene while her daughter suffered horrific injuries.

Jar is alleged to have caused her death by dangerous driving while under the influence of morphine - a charge he denies.

The High Court in Aberdeen heard from a forensic scientist tasked with analysing a blood sample taken from Jar on the day of the accident.

The trial earlier heard from paramedics who tended to the Romanian national at the scene before rushing him to Aberdeen Royal Infirmary.

They said they had not administered morphine to Jar.

An A+E consultant at the hospital said a blood sample was taken from Jar within minutes of him arriving at hospital and before any pain medication was given to him.

Forensic scientist Steven Sole, 57, told a jury that a "high" reading of morphine - 0.27 milligrammes per litre of blood - was found in the sample that was taken.

He said the amount found could be consistent with either illicit heroin having been taken and breaking down within the body - or with the amount found "an hour or two" after the drug is used as a painkiller in surgery.

He said: "At that level the scientific data says a subject would be impaired with drowsiness, confusion or dizziness."

Advocate depute Bernard Ablett asked: "Would you expect impairment to be there in someone with that level in their blood?"

Mr Sole replied: "Yes."

The court also heard that Jar had told police he had taken "Romanian painkillers" called Algocalmin on the morning of the crash having been given them by a work colleague.

When interviewed by police he declined to answer questions about the morphine found in his system.

Asked by PC James Calvert if he considered himself to be a "careful and competent driver" he replied: "Yes."

Jar was working as a driver for a car hire firm when the crash happened - and is alleged to have fallen asleep at the wheel while driving under the influence of morphine.

He earlier offered to plead guilty to a reduced charge of causing death by careless driving.

But prosecutors rejected his plea and Jar is now standing trial accused of the more serious charge of causing death by dangerous driving.

The High Court in Aberdeen heard that grandmother Mrs Stewart, 57, of Elgin, Moray, was killed at the scene following a smash on the A90 road near Ellon on 5th March 2016 - the day before Mother's Day.

Her daughter, Amanda Todd, told the court she, her husband, her mother and two children had gone for a family trip to the Happy Plant Garden Centre in Mintlaw.

After having lunch there they headed south to visit a supermarket.

But seconds after turning on the A90 they saw a Vauxhall Meriva, driven by Jar, heading straight for them on the wrong side of the road.

Mrs Todd, 37, a secretary at Aberdeen Royal Infirmary, broke down in tears as she told of the moment the car ploughed into her motor.

She said: "I knew it was inevitable that I couldn't brake in time. We impacted and then I was unconscious.

"When I regained consciousness the children were out of the car but my mum was still in the vehicle."

Mrs Todd told the court that she had suffered a broken tibia, fibia, femur and pelvis and had had to have skin grafts to close open wounds on her legs, leaving her scarred.

Jar, 31, of Aberdeen, denies a charge of causing death by dangerous driving.

Prosecutors say Jar drove dangerously and while impaired by morphine, travelled at excessive speed, repeatedly fell asleep and swerved into oncoming traffic before smashing into the car occupied by Mrs Stewart.

It is further alleged that, shortly before the smash, another driver was forced to take "evasive action" to avoid a head on collision.

The charges against Jar state that three passengers in the car Jar collided with were injured while one was seriously injured, disfigured and impaired.

Mrs Stewart was "so severely injured that she died".

At the outset of his trial Jar's advocate, David Moggach, told the court and jurors that Jar was pleading guilty to the lesser charge of causing death by careless driving, under deletion of the allegations that he was under the influence of drugs, drove at excessive speed, fell asleep and crossed into the opposing carriageway repeatedly.

That plea was rejected by the Crown and Jar has now gone on trial facing the more serious charge.

The trial, before Lord Woolman and a jury of six men and nine women, continues.