A drug driver from Fife who killed a nurse cycling towards his work in a hospital intensive care unit during the Covid pandemic has been jailed for two years.
A judge rejected a plea to spare cannabis smoker Douglas Toshack a prison sentence following the fatal collision that claimed the life of James Harrison.
Lord Sandison said that a victim impact statement provided by Mr Harrison’s widow was truly heartbreaking.
The judge said it reflected “the devastation caused to two young children who will never see their father again”.
He told 51-year-old truck driver Toshack: “The cause of Mr Harrison’s death was, first and foremost, your carelessness.”
But during a sentencing hearing at the High Court in Edinburgh Lord Sandison pointed out that Toshack was driving when two and a half times over the legal limit for cannabis.
Long time cannabis user
Toshack admitted that he smoked the drug the night before the collision and said he had been using cannabis for 30 years.
The first offender, of Station Road, Kelty, had earlier denied causing the death of Mr Harrison by dangerous driving in Edinburgh on June 25 in 2020 during a trial.
A jury convicted him of the lesser offence of causing death by careless driving and driving while over the legal limit for cannabis.
Toshack failed to pay attention at a junction on the A772 Gilmerton Road and failed to see the 36-year-old father-of-two who was cycling to work at Edinburgh Royal Infirmary.
Mr Harrison was in the opposite lane and was heard to shout “whoa, whoa, whoa” before the Mercedes flat truck driven by Toshack struck him during a manoeuvre.
Toshack’s vehicle drove over him and he died later that day at his workplace.
‘Completely devastated’
Defence solicitor advocate Euan Gosney said that what occurred that day was “absolutely tragic”
He said: “The impact of the offence on Mr Harrison’s family has been considerable and it is accepted that the level of harm caused is of utmost seriousness.”
He said Toshack was “completely devastated” by what happened and has shown genuine remorse.
Mr Gosney submitted that the court could deal with Toshack by imposing a community payback order and restriction of liberty order.
Toshack was banned from driving for eight years and told he would require to sit an extended test before obtaining a licence.
Mr Harrison was a lead research nurse in cardiology and volunteered in the intensive care unit to support the response to the Covid outbreak.
Professor Alex McMahon, NHS Lothian executive director of nursing, midwifery and allied healthcare professionals, said he was a “much loved and respected” team member.
He said following Mr Harrison’s death: “In recent months James volunteered in our intensive care unit to support the Covid-19 response, demonstrating his enduring commitment, compassion and determination to support both patients and staff.”
For more local court content visit our dedicated page, or join us on Facebook.