A motorist told a jury she was overtaken by two “racing” BMWs about a metre apart from one another moments before a fatal crash in rural Perthshire, near Glenshee.
Restaurant owner Rhomeni Drummond said she was on the A93 when the cars passed her and vanished out of sight.
A short time later, she came across a black BMW on its roof, with a passenger lying “face up” inside.
She tried to take his pulse but was unable to find one.
Ms Drummond gave evidence on the second day of a trial at Stirling High Court.
Dundee man Lee Tucker, 34, is accused of causing his brother Reece’s death, and serious injury to two children, by dangerous driving south of Spittal of Glenshee on January 3 2021.
He denies the allegations.
Cars were ‘very, very close’
Ms Drummond, who runs a restaurant in Pitlochry, told jurors she was overtaken by a black BMW, then a white BMW on the A93.
The 32-year-old said she was returning from a family trip to Braemar.
She said she had pulled in to the side of the road to let other cars overtake.
Shortly after resuming her journey, she was overtaken by the BMWs.
Ms Drummond, 32, estimated they were travelling at between 70 and 80mph.
”They came up very fast and overtook me at the same time.
“The white car was right behind the black one – it was very, very close, maybe about a metre apart.”
A short time later – “it felt like seconds but I assume it was more than that” – she came across the scene of the crash.
Ms Drummond said: “I saw the car on its roof and my sister-in-law’s sister started screaming.
“It was a blur.”
She wept as she described leaving her car and seeing one child lying face down at the roadside, while another was being pulled out of the upturned vehicle.
Ms Drummond said she saw Reece Tucker “face up with one of his arms outstretched”.
She said she checked for a pulse but could not find one.
The witness confirmed to advocate depute Michael Macintosh she had used the term “racing” while discussing the incident with others at the scene.
Asked why, she said: “They were driving together fast, overtaking together – it was the way they were driving.”
Helped pull man from upturned car
The trial heard from self-employed plumber Stuart Johnstone, who was driving back to Kinross after a sledging trip to Glenshee with his family.
The 45-year-old said he stopped when he came to the crash scene and pulled Reece Tucker from the car.
Mr Johnstone said a doctor at the scene had recommended getting Mr Tucker out of the vehicle.
He said: “We weren’t 100% sure if he was dead or not – me and another gentleman took him out.”
Asked if he had to first unfasten Mr Tucker’s seatbelt, he replied: “There was no seatbelt.”
Mr Johnstone said he then spoke to Lee Tucker, who was standing by the car.
”He said he had been driving along and turned to go round the corner and the car just slid out.”
Frightened by overtaking
Veterinary surgeon Christina Thom, 50, told the trial she had been in a lay-by north of Spittal of Glenshee, taking a phone call, at about 4pm the day of the crash.
”I remember there being a line of about four cars.
”A black BMW overtook this line of traffic at speed.
“It was going at least double the speed of everyone else.”
Ms Thom estimated the other cars were going at about 30mph.
“I got a fright. I remember being on the phone and saying ‘oh my goodness.’
“It was just far too fast for the conditions.
“It was unsafe, in my opinion.”
Allegations denied
Tucker, of Ashmore Street, Dundee, denies allegations he caused the death of his brother and seriously injured two children, aged five and nine, by driving dangerously on the A93, south of Glenshee ski centre, on January 3 2021.
He is accused of driving at excessive speed for the road layout and conditions while racing against a white 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 post, before rolling over and coming to rest on its roof.
Prosecutors further allege no seat belts were fastened in the front or back seats of the car.
The trial continues.
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