A police officer left his colleague and another driver injured after speeding through a red light and into the path of another car in Dundee.
PC Kevin Ogierman sobbed after a sheriff convicted him of causing the smash in the early hours of December 7 2022 on Strathmartine Road, at its junction with Clepington Road.
Agnes Holmes was on her way to work just before 6am when her car was hit by the marked police car driven by Ogierman.
His passenger, PC Mark Reilly, was off work for three months due to injuries sustained.
Ogierman and another police vehicle had been rushing to an attempted break-in on Stirling Street, with blue lights and sirens activated.
A senior police officer who specialises in driver training believed Ogierman was driving dangerously due to his speed.
But the 29-year-old constable was found guilty of the lesser charge of careless driving and causing injury to his colleague and Ms Holmes after standing trial at Dundee Sheriff Court.
Ogierman was visibly shocked as the verdict was delivered by Sheriff Mark O’Hanlon and is now at risk of further disciplinary action by Police Scotland.
A Police Scotland spokesperson said: “We are aware of the outcome of court proceedings.
“A report will be prepared for Police Scotland’s Professional Standards Department for consideration.”
Crash victim feared she would die
Dashcam footage taken from Ms Holmes’ Toyota showed her car driving through a green light from Clepington Road before being struck by the police car heading south from Strathmartine Road.
Ogierman claimed during his trial Ms Holmes had made no effort to slow down at the lights and insisted he had been applying the brakes prior to the crash.
Miss Holmes wept as she watched the crash footage and said: The lights were red but as I got closer they were turning to green.
“I travelled through and all of a sudden, bang, it came into me, the police car.
“It happened too quick, I went into a spin and went boot-first into an alleyway.
“I was in shock. I thought at one point I was going to die because the seatbelt – although it saved me – kind of crushed me and took the breath from me.”
She said her hip joint “popped” and her pelvis was broken.
She had to get steroid injections and has since required physiotherapy.
When asked by defence solicitor Gary McIlravey when he became aware of Ms Holmes’s car, Ogierman said: “I believe she was going quite fast and I couldn’t see her.
“It doesn’t appear that she’s made any brake and her speed doesn’t appear to change.”
Ogierman had been charged with dangerous driving and explained the circumstances leading up to the collision, saying: “I had been doing a nightshift.
“I was one of the only responses and the only choice to take the driving would have been me.
“There may be a level of tiredness involved but with the way this job goes you don’t get to decide ‘I’m not going to drive or do blue lights’.
“The nature of the call has made me feel we need to get there as soon as possible and protect this woman.”
Ogierman added: “I don’t believe I was driving dangerously.
“I am not someone that does drive fast in day-to-day life.
“I think it’s just been an unfortunate accident and if there’s things I could have done differently, I’ll take that on board and I’m sorry this has happened.
“There has been no intention to just fly through a red light – that’s not who I am.
“The expert witness wasn’t the one driving at the time going to that call.
“Not everyone is absolutely perfect at all times regardless of training.”
Police driving expert
Ogierman was referring to the evidence of Sergeant Thomas Stables, an officer with more than 25 years experience and responsible for advanced driver training.
He produced a report giving his take on the incident and carried out a visit on the scene during daylight hours.
He said when blue lights and sirens are deployed, officers cannot exceed the speed limit of the road by more than 20mph.
No clear indication of Ogierman’s speed was provided but the constable claimed he was driving “40-45mph” in the 30mph zone.
In his evidence, Sgt Stables described why he believed Ogierman’s actions were dangerous.
“In this instance, I’d have expected the police vehicle to have manoeuvred into the opposing carriageway and break to the point that they were almost at walking pace.
“Had that car come into view, it would have stopped and that collision would not have occurred.
“First and foremost, (the police vehicle) was travelling way too fast for the views available and secondly, the driver should be in the opposing carriageway which would have increased the distance between the vehicle and any vehicle on the scene.
“There are no obvious signs that the police vehicle is braking but there’s no doubt in my mind that when he saw that car he would have been braking.”
Sgt Stables added: “The speed that police vehicle is carrying into that junction is far to excessive for the circumstance and on that basis, I can only say that it is dangerous driving.”
PC Reilly said earlier Ogierman did not brake continuously.
The officer said he fractured his neck and suffered muscular injuries which left him struggling to move left and right.
Careless, not dangerous
Sheriff O’Hanlon said: “In the moment, I don’t consider that your driving amounts to dangerous.
“It was an error of judgement and I find you guilty of careless driving.”
Ogierman, who has no previous convictions, was fined £500 and had seven penalty points placed on his licence.
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