Veteran driver Adam Fernie who killed a cyclist on a Fife country road has been jailed for 32 months after a judge rejected a plea to spare him prison.
Truck driver Fernie, 80, did not see Iain Anderson cycling ahead of him on the B937 Eden Bridge to Lindores road on August 25, 2019.
The truck struck Mr Anderson’s bike, which was propelled 30 metres down the roadway.
Despite desperate attempts to save the 66-year-old grandfather by the roadside, he suffered such serious injuries he died at the scene.
Fernie’s defence counsel Drew Mckenzie suggested to Lord Weir a custodial sentence was not necessary.
He said a social worker, who prepared a background report, had raised the prospect of a community payback order as an alternative.
However, the judge told Fernie at the High Court in Edinburgh he did not consider the public interest would be properly served by taking such an “exceptional course”.
Former businessman Fernie, of Jamphlars Road, Cardenden, was earlier convicted of causing the death of Mr Anderson by driving dangerously.
‘No sentence… can ever compensate’
Lord Weir said that in determining the seriousness of the offence he took account of evidence at Fernie’s trial that the collision occurred on a straight stretch of road, in light traffic and in fine weather.
The judge said a vulnerable road user like Mr Anderson ought to have been “readily visible” to following vehicles.
He said victim impact statements prepared by immediate family of the victim were eloquent of the pain and loss they have suffered in the wake of the death.
He said: “No sentence I can pass can ever compensate for the loss of a loved one.”
The judge said although Fernie has a previous conviction for speeding, there was no excessive speeding involved in the fatal incident.
He said he had given “anxious consideration” to the personal circumstances of Fernie, including his age and that his wife did not keep good health.
Fernie was also banned from driving for 76 months and ordered to resit a driving test before driving again.
No explanation for accident
Mr Mckenzie told the court Fernie could not provide an explanation as to why he did not see Mr Anderson.
He said there was no question of a prolonged period of bad driving, or drink or drugs, or poor overtaking.
He added: “It seems to me the real criticism of the quality of the driving is the accused’s unexplained failure to see the bike and failure to brake and stop immediately thereafter.”
Mr Mckenzie said: “He is someone of good character throughout his life.”
He said Fernie was an experienced motorist with decades of driving behind him.
He had run garage and petrol station businesses and latterly had a contract with Fife council to provide school bus services for youngsters in rural areas.
Trial evidence
Fernie’s trial heard at the scene of the crash, near a junction with the B938 road, an eyewitness saw an “explosion” of debris and dust.
One witness said he saw the victim “flying in the air” after the Nissan Cabstar driven by Fernie hit the bike.
An off-duty policeman and a doctor went to the aid of the victim but all efforts to save him failed.
Witnesses also said they did not think Fernie was going to stop his truck in the aftermath.
Several testified they heard the accused claiming he did not see Mr Anderson because of something to do with the sun either blinding him, being in his eyes or coming through the trees.
Prosecutors ‘thoughts with family’
David Green, Procurator Fiscal for Homicide and Major Crime said: “Adam Fernie’s dangerous driving had terrible consequences, taking Iain Anderson’s life and leaving his family without a husband, father and grandfather.
“Our thoughts are with his family during what must be a very difficult time for them.
“This case highlights the potential repercussions of dangerous driving and the great harm it can cause.
“It is thanks to a thorough investigation by the dedicated Road Traffic Investigation Unit that this conviction and sentence has been secured.”
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