A tractor driver who caused a fatal collision in rural Angus has been banned from the road, despite pleading to keep his licence.
Duncan Lamond previously admitted causing 56-year-old Linda Thomson’s death by careless driving on July 28 2021.
He failed to give way and drove his John Deere tractor – towing a crop sprayer – into the path of Dorothy Stables’ Volkswagen Polo.
Lamond, 43, of Finlay Street, Arbroath, was uninjured.
Despite his guilty plea, Lamond’s lawyers claimed there were “special reasons” he should not be disqualified from driving.
At a hearing last week, survivor Miss Stables, 71, told Forfar Sheriff Court there was “no time” to react as she watched Lamond’s vehicle cross into her path at the B9127 and B9128 junction, near Lochair, resulting in backseat passenger Mrs Thomson’s death.
Lamond argued he pulled out in front of Miss Stables’ car because he thought she was turning left into the junction from which he was emerging.
Miss Stables, from Letham, had denied she was indicating to make the turn.
Sheriff’s ruling
Sheriff Derek Reekie deferred sentencing for a week after the proof and Lamond returned to the dock on Monday to be sentenced.
The sheriff said he accepted Lamond’s explanation but said he had no reason not to let Miss Stables complete the manoeuvre, had that been her intention.
The sheriff said: “You would have had a clear view from your elevated position.
“I’m satisfied that it was more likely than not that the indicator was operating as the Polo approached.
“I accept that she wasn’t purposely giving indication to that effect.”
Sheriff Reekie said he did not accept Lamond’s evidence Miss Stables was slowing as she approached.
“Dorothy Stables was very clear in her evidence.
“She was also quite clear she didn’t slow until she saw you leave the junction.”
Unpaid work and ban
He continued: “In all the circumstances, you ought to have appreciated relying only on the indication that there was a foreseeable risk of a collision.
“I consider your degree of carelessness more than momentary, although I accept it was not of a quality of failing not far short of dangerous.”
He pointed out the accused has no previous convictions and no history of road traffic offending, said he was of a low risk of re-offending and noted he stopped immediately to perform CPR.
“You’ve shown genuine remorse and it is of particular note you appeared at interview to be more concerned for Linda Thomson than yourself,” he added.
Sheriff Reekie described the circumstances as “tragic” and expressed the court’s condolences.
He ordered Lamond to complete 250 hours of unpaid work and banned him from the road for 21 months, as a direct alternative to custody.
Lamond must sit the extended test before he returns to the road.
‘No time’ to react
The court was told Miss Stables suffers PTSD as a result of the crash.
Her treatment is being funded by the National Farmers Union.
Mrs Thomson had been diagnosed with a devastating infection that affected her brain and spinal chord in 2015.
She spent three months in hospital, including more than two weeks in intensive care.
She suffered from short term memory loss, was unsteady on her feet and had to relearn how to speak.
Her husband Angus said she had made “an amazing recovery” before the tragedy.
Lamond had argued if the mandatory ban was imposed, his home and the job he has held since he was 15 would be at risk.
His employer McEwan Farms at Arbroath, described him as a “most valued and trusted member of staff” but said they could only employ him in a non-driving position for “at most six months”.
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