A Dundee man has gone on trial accused of killing his brother in a horrific road crash in Perthshire that left two children seriously injured.
Lee Tucker is accused of racing against another car before his BMW careered off the road near Spittal of Glenshee.
His younger brother Reece, 23, died at the scene.
Two young boys who were travelling in the back seat were airlifted to hospital.
One required multiple surgeries and suffered prolonged speech and mobility issues.
On day one of his trial at Stirling High Court, Dundee garage owner Joseph Donachie admitted he was driving dangerously that day.
But he insisted he and Tucker had not been racing.
Allegations denied
Tucker, of Ashmore Street, Dundee, denies allegations he caused the death of his brother and serious injury to two children, aged five and nine, by driving dangerously on the A93, south of Glenshee Ski Centre, on January 3 2021.
The 34-year-old is accused of driving at excessive speed for the road layout and conditions while racing against a BMW X5.
It is alleged Tucker repeatedly overtook while not safe to do so and overtook more than one vehicle at a time, before losing control of his vehicle.
The indictment states the car struck a verge and went into a stone wall and a post, before rolling over and coming to rest on its roof.
Prosecutors also allege no seat belts were being worn in the front or back seats of the car at the time.
Children put in induced comas
Jurors heard Tucker had been driving south down the A93 with his brother in the front passenger seat and two children in the back when the collision happened.
The court heard Reece Tucker died at the scene from blunt force head injuries.
Both children – who cannot be named – were airlifted to the Royal Hospital for Children in Glasgow.
The oldest child suffered a laceration to his scalp and a blood clot on his brain.
Part of his skull had to be temporarily removed to ease swelling.
He was put in an induced coma, before being transferred to Ninewells in February.
The boy was later discharged but re-admitted to hospital in May for further surgery following an infection.
A joint minute of agreed facts read out by advocate depute Michael Macintosh stated the child’s mobility and speech were “adversely affected.”
The younger child also suffered a blood clot on the brain.
He was placed in an induced coma but did not require surgery.
‘Mystery’ collision
Joseph Donachie told the jury he had been driving home from Glenshee with his girlfriend when he witnessed the crash.
The jury heard the 29-year-old had pled guilty to dangerous driving in relation to the incident and is awaiting sentencing.
He admitted going at excessive speed and repeatedly overtaking cars when it was unsafe to do so.
He insisted he had not been racing against Tucker, who he said he knew, but not well.
Donachie said he saw the accused’s black BMW but did not think it was travelling at an excessive speed.
Asked by Mr Macintosh about the crash, he said: “I don’t really understand how that car ended up the way that it did.
“It’s still a mystery to me.”
He said: “I remember (the car) going towards the verge and I remember it going into the air.”
Donachie said he saw Tucker taking the two children out through a back window.
“He also tried to retrieve Reece from the car but I believe he was stuck,” he said.
The court heard the front seat passenger was seen lying face down on his stomach, in the middle of the ceiling of the overturned car.
Overheard comments
Donachie was asked about a comment he made to a police officer at the scene that: “I was not involved but these people will say we were racing.”
He told the court he had overheard a woman standing nearby “who wanted to force her opinion on others.”
He said he wanted to make it clear to police he had not been racing.
Asked by Mr Macintosh why someone may have had the impression they were involved in a race, Donachie said: “Possibly some of the overtaking that was done.”
He added: “Maybe it was because it was one after another.
“Lee’s car overtook a car, then I overtook. That’s the only thing I can think of.”
Donachie insisted he was not downplaying how “reckless” the driving had been.
During cross-examination by defence solicitor advocate Ian Paterson, Donachie confirmed prosecutors had dropped allegations he had been racing against Tucker’s car.
Witness ‘tried to forget’ crash scene
The trial also heard from Graham Malone, from Crieff, who had been skiiing with his wife at Glenshee on the day of the crash.
He said his partner had been airlifted to hospital with a broken ankle after a sledging accident, leaving him to drive home alone.
The 38-year-old, who works for a pest control firm, said he recalled a black BMW overtaking him as he drove down the A93.
A short time later, he was overtaken by a white BMW.
Mr Malone broke down in tears as he describe coming across the upturned BMW.
“I got out of my car and went over to help.
“I took the kids to the side of the road and then this gentleman (Tucker) used my phone to call his dad.
“I ran up a hill and called for help.
“There were too many people. I just lost my head and I remember kicking parts of broken cars off the road.”
He said he saw the body of the front seat passenger at the back of the car.
The trial before Lord Young continues.
For more local court content visit our dedicated page or join us on Facebook.
