A van driver who knocked down a pedestrian at Scone Airport, leaving him seriously injured, has been sentenced to unpaid work as a direct alternative to custody.
Paul Wishart struck the 61-year-old coffin factory worker as he made his way into work on the morning of October 3 2022.
Perth Sheriff Court heard how Wishart, 37, did not realise what had happened until he stopped his Renault Trafic and saw his victim lying on the road.
The man, who was described by witnesses as “flying” through the air, suffered multiple injuries and required plastic surgery to his face.
Wishart, from Methven, was found guilty of causing serious injury by careless driving following a two-day trial in April.
He was banned from driving for three years when he returned to court for sentencing on Monday.
Remorseful
Sheriff Jennifer Bain KC told Wishart: “You have expressed significant remorse and you appear to appreciate the consequences of your driving on that day.”
She said his victim “suffered serious injuries and will be permanently impaired” but given his lack of criminal record – with one non-analogous traffic conviction – the sheriff said she was satisfied there was an alternative to custody available.
Wishart was ordered to carry out 250 hours unpaid work.
His solicitor Pauline Cullerton said: “There had been nothing unusual as he drove to work that morning.
“He remembers hearing a thud and then saw the crack on his windscreen.
“He stopped the car and got out and was shocked to see (the complainer) lying on the road.”
Ms Cullerton stressed her client had not been speeding.
The court heard there were traffic calming measures including speed bumps on the road.
She said Wishart took responsibility for the “distressing” injuries he had caused.
Multiple injuries
Jurors heard how Wishart had not seen the pedestrian as he crossed Spitfire Avenue, having stepped off a bus on the nearby A94.
The victim was “propelled” through the air and landed on the carriageway.
Emergency services were scrambled to the scene just after 7am and the injured man was rushed to Ninewells Hospital.
The busy commuter route was closed off for about an hour.
Fiscal depute Jennifer Bairner read out a list of the victim’s injuries, as recorded in a joint minute of agreed facts.
He suffered rib fractures, a cut to the right side of his face and a broken knee.
His left middle finger was also dislocated.
Ms Bairner said the victim underwent an operation to fix his knee, which involved a plate being inserted by an orthopaedic surgeon.
“The facial laceration was cleaned, sealed and closed by a plastic surgeon,” she said.
The man was discharged from hospital five days later.
Witnesses told the court of chaotic scenes in the aftermath of the early morning smash, with blood in the middle of the roadway.
Ms Bairner said in her closing statement to jurors: “It is not suggested that Mr Wishart intended to hurt anyone but as a driver, you need to drive safely.”
Wishart was originally charged with causing serious injury by dangerous driving.
Jurors took less than an hour to convict him of a lesser charge involving driving carelessly.
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