Man Found Guilty Of Killing Pensioner While Teaching Girlfriend How To Drive

Published 13th Apr 2015

A man was today found guilty of causing a pensioner's death by driving dangerously - with his girlfriend sitting on his knee.

Nathaniel Cooper, 30, of Inverbervie, was teaching Kylie Johnston how to drive when the couple lost control of his Daihatsu Terios and crashed at East Balthangie campsite in Aberdeenshire.

The 4X4 ploughed into the side of Andrew MacKay's static caravan and knocked him down, leaving him fatally injured on July 21, 2013.

Cooper, of Inverbervie, was yesterday found guilty of causing the pensioner's death following a five day trial at the High Court in Aberdeen.

His former 26-year-old partner pled guilty to the charge in January.

Yesterday Lord Stewart told the jury that they had helped make legal history because it was the first case of its kind in the UK.

The judge explained that solicitors carrying out research had failed to find anything similar although there were cases of dogs sitting in driver's laps abroad.

He said: "This has been a difficult case for all involved.

"The word tragedy is rather too frequently used but this case seems to be to be a real tragedy."

During the trial the court heard that Johnston, of Stonehaven, in Aberdeenshire, was sitting on Cooper's knee when the tragedy happened at the Cumineston campsite.

The father-of-two showed her how to steer the vehicle and operate the pedals as they drove down a lane leading to the holiday home entrance.

Giving evidence, Johnston said: "He said 'Come and sit on my knee. I'll teach you how to drive'."

"He showed me how to put my foot down on the clutch and the accelerator lightly, that's what he told me to do and it stalled three times."

The young mother, who is 4ft 11inches tall, said she could only reach the pedals when she slid down the seat.

She said: "I've never ever driven in my life so it was scary for me. I didn't know what to do."

She told the court that she was just holding on to the steering wheel after the car stalled.

Advocate depute Andrew Brown asked: "Were you still using the pedals?"

She replied: "His feet were there as well. I didn't know if he was controlling them or anything."

Mr Brown asked: "You were trying to control them?"

She replied: "No because I didn't know what I was doing. I was relying on him."

Johnston claimed Cooper grabbed the steering wheel after the car veered too close to the campsite toilet block and said the car went out of control.

The 4X4 accelerated, crashed through a fence then struck Mr MacKay who had popped outside for some fresh air because he had been cutting onions while preparing dinner.

The 65-year-old, who regularly stayed at his holiday home with his partner of 23 years, Mary Dobbin, was then discovered lying face down on the ground with his upper body trapped by the caravan chassis.

His 58-year-old partner, who lives in Dumbarton, was left trapped inside their holiday home and could not get out until she was rescued from the caravan which had moved off its stance.

It took paramedics 20 minutes to arrive at the scene of the rural campsite and Mr MacKay was eventually freed by the emergency services but he was pronounced dead at the scene.

The jury of eight men and seven woman took just over an hour to find Cooper guilty yesterday.

During her evidence, Johnston told the court she accepted responsibility but insisted that they were both to blame.

"Everything happened so quick. The car was going about all over the place and everything."

"The car was going out of control. I was trying to find the brake and remember what he had told me."

Lord Stewart deferred sentence for background reports until May 8 at the High Court in Glasgow.