A driver who caused the death of a pedestrian on Boxing Day after mounting a pavement in a Range Rover has been sentenced to unpaid work.
Janette Henry’s vehicle struck Eleanor Ballantyne from Dundee and relatives as they had their traditional family gathering in Bearsden, East Dunbartonshire, on Boxing Day in 2019.
Henry, 68, of Kilmardinny Avenue, Bearsden, failed to keep proper observations and failed to negotiate a bend before driving across the opposing carriageway and onto the pavement.
She collided with a wall and failed to stop, before the victim of the fatal crash was struck.
Six others were injured, three of them seriously.
Her vehicle then hit a parked car.
Ms Ballantyne died at Glasgow’s Queen Elizabeth hospital on January 2 2020.
The family had been walking to a restaurant during a traditional Boxing Day gathering at her brother Brian Ballantye’s home, the High Court in Glasgow had heard..
‘Deeply tragic event’
Henry originally denied causing the death of the 60-year-old community worker by driving dangerously but was convicted of the lesser offence of causing death by careless driving following a trial.
Judge Lord Stuart, at the High Court in Edinburgh, ordered Henry to carry out 100 hours unpaid work and banned her from driving for 12 months.
He said: “The collision and its consequences have been devastating for many.”
He said it was “a deeply tragic event” and victim impact statements spoke of the “painful and enduring loss” suffered.
Lord Stuart said the author of a background report on Henry noted she presented as someone who was sincerely ashamed and remorseful after having caused death and injury.
The judge told Henry: “My conclusion is that the collision appears to have been caused by a momentary loss of attention on your part.”
‘Genuinely remorseful’
Defence counsel Thomas Ross KC said: “Since the incident she has not driven and does not expect to drive in future.”
He told the court Henry previously had a good driving record and said: “It seems to be the case that before December 26 in 2019 she had been driving for around 46 years without incident.”
The defence counsel said the offence was properly categorised as careless or inconsiderate driving arising from momentary inattention.
Mr Ross said the court could be satisfied Henry was genuinely remorseful for what had happened and the impact it has had on others.
He argued a non-custodial disposal would be an appropriate sentence and said: “She has had a positive life helping others and has been judged by the jury to have made an error.”
‘Scene from hell’
Henry told her earlier trial she got out of her vehicle to find a “scene from hell”.
The victim’s brother Charles Ballantyne, 52, said: “I remember watching the car and trying to process why it was not slowing down.
“I do not know if it was picking up pace but it was not slowing down.”
The transport manager said in the aftermath he spotted his sister among the injured.
Henry was originally convicted of also causing serious injury to three others by careless driving during the incident but that was overturned by appeal judges as the offence did not exist at the time of the collision.
Much-loved in Dundee
Ms Ballantyne was a well-loved figure in Dundee who made a massive difference to communities she served.
Marie Dailly, Dundee City Council communities service manager said: “Eleanor was a dynamic, enthusiastic and committed member of staff, with a passion for drama and cultural events.
“She was highly thought of by colleagues and members of the community.
“Having taken early retirement, she still maintained a big presence in the city through her voluntary work and she will be sadly missed by all.”
Friends Annette Miller and Avon Bartlett paid tribute to the “unsung hero” who moved to Dundee more than 30 years ago and made the City of Discovery her home.
The Glaswegian went on to play pivotal roles as a community centre manager in a number of council wards, including Menzieshill, Whitfield, Douglas and the Hilltown.
Annette said thousands of people would have “good memories” of Eleanor and the work she had done.
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