A speeding teenage motorist caused the death of his “best friend” after his high powered BMW car came off a road and struck a tree, a court has heard.
Callum Brown was just 18-years old when his dangerous driving caused the death of Brian Phimister,16, near Kirkcaldy, Fife, on June 5 2015.
The High Court in Edinburgh heard on Tuesday how police investigators reckoned that Brown was driving at least 58 miles per hour in a 40 mph speed limit.
The driver, who has a previous conviction for speeding, was negotiating a bend when he lost control of his vehicle.
Detectives concluded that he must have been driving too fast.
They formed this conclusion after studying tyre marks left on the road.
The court heard how a paramedic who came to the scene found the car lying on its side and “folded around the tree.”
Prosecution lawyer Jane Farquharson told judge Craig Scott QC that a woman called Freda Walker, who lived nearby, rushed to the collision scene and was horrified at what she saw.
She added: “Ms Walker heard noises coming from the driver’s side of the car. On attending at that side of the vehicle, the accused Mr Brown identified himself as the driver.
“He was trapped inside. Ms Walker describes seeing his passenger, the deceased Mr Phimister and it looking as if he was inside the tree.
“Police, fire and ambulance personnel all attended at the scene shortly thereafter. The first paramedic on the scene observed the car, it was lying on its side and folded around the tree with the deceased Mr Phimister trapped between the tree and the B pillar of the car.
“It was obvious to the paramedic that Mr Phimister, due to the position he was in and the physical condition as he presented was dead.”
The story emerged after Brown, of Links Street, Kirkcaldy, pleaded guilty to a charge of causing death by dangerous driving.
The court heard how the collision took place on the Coaltown of Wemyss to Dysart Road.
Ms Farquharson told judge Scott that Brown, who is now aged 20, was “good friends” with Mr Phimister. They saw each other on a “daily basis”
The court heard how they spent most evenings driving around the local area.
On the afternoon before the collision, Brown picked up the apprentice mechanic at approximately 3.20pm.
Ms Farquharson said that at approximately 12.35am on June 5, a man called George Heggie was driving home from work when he came to the collision scene.
She added: “Mr Heggie stopped his car. As he then made his way on foot to the crashed vehicle, he observed that it had hit a tree sideways and that the said vehicle appeared to be wrapped around the tree.
“Mr Heggie heard a male voice shouting for help at which point and because his mobile phone battery had run down and he was unable to make any calls, he reassured the man that he was going to get help.
“Mr Heggie drove to the first house he saw on that road and was accompanied back to the scene of the collision with its householder Freda Walker in order to assist the occupants of the car. A 999 phone call was made.”
Ms Farquharson told the court that the fire service had to cut Brown free from the crash. The car had to be “righted” to allow the deceased man to be removed.
The court heard that when doctors carried out a post mortem of Mr Phimister, they found that the deceased had a “comparative large number of blunt force injuries to the head and face.”
They also found “multiple limb fractures.” His brain was also swollen.
Ms Farquharson added: “The pathology as a whole suggests a significant head injury with a short survival period.
“From the marks on the road and the damage profile seen on the car, the accused Mr Brown approached the bend in the road at excessive speed whilst trying to take the shortest possible route around the inside of the bend, he lost control of his vehicle which caused the car to yaw.
“This in turn caused his car to be travel off the road and strike the tree.”
Meanwhile, Brown was being taken to hospital for treatment for injuries. Ms Farquharson told the court that he told a paramedic some things about the lead up to the collision.
She added: “On his way to the hospital, the accused Mr Brown spoke of the accident to a paramedic.
“In respect of his manoeuvre around the bend, he volunteered information that whilst he normally dropped down to the third gear for that corner, because he was tired he didn’t and he could just remember skidding.”
Defence solicitor advocate Gordon Martin said his client and his deceased were “best friends” and that he expressed remorse for what happened.
Mr Martin added: “Mr Brown appreciates that his expression of remorse will be of no comfort to the friends and family of Mr Phimister.
“It should be noted that the deceased and Mr Brown were best friends.”
Mr Martin said that because his client had never served a prison sentence, the court was legally obliged to obtain reports about Mr Brown’s character.
The lawyer said he would deliver his plea of mitigation when the court obtained these reports.
Judge Scott deferred sentence on Brown to November 22 2016.
He will be sentenced at the High Court in Paisley.
