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 29 April 2008   Latest News
       

 
Court told of lead-up to fatal crash

A MAN admitted his guilt over a fatal crash on the A90 Dundee-Aberdeen road in a police interview just hours after it happened.

Donald James Todd (59) said he pulled out across both lanes of the dual carriageway without stopping, before “gunning” his Vauxhall Vectra as he joined the Dundee-bound stretch.

Forfar Sheriff Court yesterday heard how he then saw a “great commotion” in his rear-view mirror, but continued driving towards Dundee.

The interview was played back during the first day of the trial of Todd, of Pitairlie Road, Newbigging, who pleads not guilty to driving carelessly on the dual carriageway, near its junction with the road leading to Tinkletap Farm, near Petterden, on June 8.

He denies exiting from the farm road and carrying out a right-hand turn across the A90, turning into the nearside lane of the southbound carriageway.

The charge states he drove into the path of an oncoming Honda Civic driven by Alexandra Olejarova, who was travelling in the nearside lane.

It is alleged this caused her to take evasive action to avoid Todd’s car, namely by driving into the fast lane and into the path of a BMW driven by Mr Stephen Hogg.

This, the charge states, caused him to take evasive action by steering through a gap in the central reservation, entering the northbound offside lane and colliding with a Ford Fiesta driven by Gareth Evans (32), formerly of Birrell Close, Constitution Street, Kirkcaldy, now deceased, who was travelling north at the time.

Mr Evans, Mr Hogg and his wife were injured and Mr Evans and Mr Hogg’s cars were damaged, according to the charge.

Todd also denies failing to stop and give his name and address after the accident and failing to report it to police within 24 hours.

The court heard police went to Todd’s home after witnesses were able to give officers details of his car after the crash, which happened shortly before 8pm.

At Arbroath police office he was interviewed after midnight by officers including Detective Constable Bruce Peebles.

Todd, a lorry driver/mechanic, told him he had left Tinkletap Farm, where he stored his vintage truck, and had waited at the road end for a break in the traffic on the A90.

He said he saw a lull and decided to go clean across the dual carriageway.

“I just gunned the thing (his car) to get it up to speed as I have done many times afore,” Todd said. “It is a nasty crossing, like. It’s not easy to get over at certain times.

“I was doon the road a bit, next thing I saw a great commotion in my back mirror.”

When he was told a silver car had crossed the carriageway, causing others to take evasive action, he replied, “That would be me.”

Todd, who had started work at 3.30am that day, then confessed, “Obviously I have been the lad who has made the error of judgment. I am the guilty person.”

Asked if he considered himself a careful driver, he responded, “I try my best, yes.”

Constable Callum Richardson said Todd later attended at Forfar police station and told him he was aware of a bang when he pulled out and described seeing a puff of dust, but continued on towards Dundee.

The police officer was one of the first on the scene of the accident and described finding “a substantial head-on collision.”

“Unfortunately, the gentleman in the Ford Fiesta was fatally injured as a result of the accident,” he said.

Earlier Stephen Hogg (31) and his wife Katie (29) described the moments leading up to the smash.

IT analyst Mr Hogg, from Aberdeen, said they were heading towards Dundee in their BMW that evening, on their way to see his sister in Lanarkshire.

Mr Hogg, who was driving, said, “We were in the outside lane heading south and coming up to Tinkletap Farm intersection... where cars can cross.

“I was coming up on the outside lane just behind a burgundy car (the Honda Civic) when a car crossed the northbound A90 straight through the gap in the central reservation and into the inside lane of the A90 southbound.

“Before I could do anything, the car on the inside pulled into my lane and caused me to move out of the outside lane—I then went through the gap in the central reservation.”

Mr Hogg, who said he was travelling at around 75mph, said it was an instinctive reaction to swerve through the gap in the central reserve.

He continued, “I shouted to my wife ‘Something’s going to happen.’ ”

Depute fiscal Donna Brown said, “As a result of you swerving, you ended up in the northbound carriageway and you collided with a Ford Fiesta.”

Mr Hogg, said, “Yes.”

The witness was asked by John Macdonald, defending Todd, about the potential for him to either speed up to get past or back off to let the burgundy car into the outside lane.

Mr Hogg said, “There was not enough time.”

He told the solicitor, “I was shocked it came into my lane.”

He admitted he had been left with the thought that if he had slammed on his brakes as soon as the Civic pulled out, he would not have had to swerve through the gap on to the other carriageway.

Mr Hogg suffered a dislocated toe and cuts and bruises in the accident.

A tearful Mrs Hogg, a careers adviser, said she recalled looking up to see a burgundy car “moving directly... into our path.”

She told how their BMW swerved, hit a bollard and then the other car travelling in the opposite direction.

When asked how long it all took, she replied, “Seconds.”

Mrs Hogg broke her right foot and suffered seatbelt injuries in the crash that put her and her husband in hospital for a night.

They took to the stand following the evidence of Ms Olejarova (30), a slaughterhouse worker from Coupar Angus, driving the Honda Civic.

She remembered a silver car crossing the dual carriageway from her right and suddenly pulling in, in front of her.

The Slovakian said she instinctively swerved to avoid the car as there was no time to brake. She told the court she heard the noise of a collision and saw the BMW in the air.

The trial, before Sheriff Kevin Veal, continues today.

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