The family of Fife cyclist Scott Walker killed in a hit and run by a Dundee pensioner said “justice has not been done”, after he was given an unpaid work order instead of prison time.
Ian McFarlane drove off after striking 43-year-old Mr Walker on the A917 Elie to St Monans road on July 8 2019.
Mr Walker later died at Ninewells Hospital in Dundee, after suffering “catastrophic” head injuries.
Dundee Sheriff Court heard how uninsured McFarlane later drove to his estranged wife’s home and made no mention of the crash.
On Wednesday Mr Walker’s “devastated” family hit out after the 76-year-old was given an unpaid work order.
Speaking outside court, Sharon Iddir, Mr Walker’s sister, said: “We are just devastated.
“We’ve been let down. It’s not what we were expecting.
“He (McFarlane) showed no remorse whatsoever.
“He knew what he was doing and it was almost like he was blaming Scott.
“Scott was funny, he was kind. He was out cycling to see his friend who had broken his leg. He was going to help him get messages.
“That’s the kind of person that he was. Justice has not been done.”
Six-month prison term not enough
McFarlane pled guilty to failing to stop and report the collision that killed Mr Walker.
Sheriff Gregor Murray said the maximum six-month prison sentence for that offence would not have been enough to mark the crime.
“You implemented a scheme to prevent your identity being discovered,” the sheriff told McFarlane.
“Only diligent police work enabled your identity to be revealed.
There is no suggestion the collision occurred as a result of your driving.”
Sheriff Gregor Murray
“This was the most serious offence before the court.
“A custodial sentence would be wholly justified. However, I must take into account other factors.”
He added: “There is no suggestion the collision occurred as a result of your driving.
“You are a 76-year-old man with a limited record and you have significant health problems.
“The maximum period of imprisonment I can impose for the failure to stop is six months.
“This would not adequately reflect the gravity of the offence.”
McFarlane offered no apologies to Mr Walker’s family as he left court.
Desperate attempt to save Scott
It was previously revealed how Mr Walker, of St Monans, was struck just before 7.40pm on the night in question.
Depute fiscal Lora Apostolova revealed how multiple witnesses desperately fought to save him.
She said: “Witnesses in their home heard a sound associated with a collision.
“They saw a male lying on the ground on his side.
“One of the witnesses knew the male to be Scott Walker.
“A piece of a wing mirror at the scene was thrown to the side by one of the witnesses.”
McFarlane, of Muirton Road, Dundee, did not mention the collision after arriving at his wife’s home.
Mr Walker later died in hospital and an investigation was launched by police.
Police search for McFarlane
Investigators determined the wing mirror belonged to a Vauxhall Astra, produced between 2005 and 2009.
Door-to-door inquiries led police to McFarlane’s wife, who said she had no knowledge of the incident.
She informed him of their visit and McFarlane said he was unaware of the collision.
Several attempts by police to trace McFarlane were unsuccessful.
A search warrant was granted and officers seized car documentation and slips containing details of various car garages.
It was revealed McFarlane had visited the Arnold Clark dealership on Dock Street and Arnotts garage on Brown Street for repair work.
On July 17 police finally caught up with McFarlane, who told them he was going to hand himself in the following day after collecting his car from the garage.
He had planned on having the car painted, as well as having scrapes and dents fixed.
He did not mention to garage staff why the repairs were required but said he would be paying for it himself because it was his fault.
He took the damaged wing mirror home with him.
Comfort for family from public help
He pled guilty to failing to stop and report the accident and admitted instructing repair work on the car between July 8 and 17, 2019, as well as driving without insurance.
Solicitor Douglas Thomson said: “It’s a matter of deep regret to all involved that the cyclist was not wearing a helmet at the time.
“He did take active steps to cover up damage to his vehicle. The thinking behind that is incomprehensible.”
Sheriff Murray ordered McFarlane to perform 225 hours of unpaid work and disqualified him from driving for nine months.
When addressing members of Mr Walker’s family who were in court, the sheriff said: “It may comfort Mr Walker’s family that others immediately stopped.
“They assisted him and alerted the emergency services.
“They provided as much assistance as was possible and for that I convey the court’s thanks to them.”