A woman says she has been “let down” by the justice system after a lorry driver who ploughed into a broken-down horse box on the A9 near Perth, leaving her husband “nearly paralysed,” was spared jail.
Lorry passenger Ashley Vandervis spent four months in three different hospitals and underwent nearly 20 hours of surgery following the crash caused by his co-driver, Justin Bower, at Cairnie Braes on August 24 2021.
His wife, Nathalie Vandervis, said the devastating incident derailed their plans to start a family, nearly cost them their home, and led to trauma counselling.
Earlier this month at Kirkcaldy Sheriff Court, Bower was sentenced to 220 hours of unpaid work and a two-year driving ban after being found guilty by jury of causing serious injury by driving the 7.5-tonne Mercedes lorry dangerously.
He failed to react to a makeshift warning sign – a hi-vis jacket tied to a horse bucket 100 yards up the road – and struck the back of Nick Gauntlett’s horse transporter, which had been on its way to Blair Horse Trials when it broke down.
The horsebox, which was protruding into the inside lane, had its hazard lights on but Bower failed to see it and slow down in time.
All four horses inside – including a £1million, nine-year-old stallion named Party Trick – were killed as a result.
Part of the charge, which had alleged Bower was using his mobile phone and elbows while driving, was deleted by jurors.
Bower, 48, denied he was using his phone and claimed he was “distracted” by a car in the fast lane trying to pass him for three or four minutes.
Speaking to The Courier following the sentencing, 46-year-old Mrs Vandervis, who lives with her husband in Old Colwyn, North Wales, said they were both “disappointed and shocked” by the outcome, having expected Bower to be jailed.
“After almost four years of waiting for justice to be served, we are feeling very let down by the justice system.
“I thank God every day that Ashley survived but we have paid the ultimate price – all because of someone else’s foolishness, selfishness and irresponsible behaviour.”
She claims Bower, of Rhyl, Denbighshire, North Wales, has never made contact with her husband or apologised.
The trial heard Mr Vandervis, 47, had to be freed from the wreckage and was taken to Ninewells Hospital.
He said he had no memory of the collision and could not recall being in the lorry at all that day.
Mrs Vandervis, a support worker for people with learning disabilities, was driven by her brother to Scotland through the night and arrived at the hospital shortly before her husband underwent a ten-hour operation.
His injuries included head trauma, a laceration on his forehead, which needed multiple stitches and left scarring.
He had broken neck vertebrae, fractures to four ribs, his lower back, legs, both ankles and wrists and a shattered knee.
He spent three weeks in intensive care and high dependency at Ninewells and a further three months at Glan Clwyd Hospital in Wales for rehabilitation, including learning to walk again.
His neck and shoulder pain endured after leaving hospital and following an MRI, he was taken to Royal Stoke University Hospital for surgery on his broken neck.
Mrs Vandervis said: “The surgeon there said he was almost paralysed.
“He had to sign forms because he was at such high risk”.
She said he spent a total of four months at three different hospitals and underwent three operations totalling nearly 20 hours.
Mr Vandervis lost about 3.5 stone in weight while in hospital and was also diagnosed with PTSD.
She said: “Ashley almost lost his life. I’m not being dramatic when I say that – the professionals in Ninewells and Stoke hospitals have told me that.”
Mrs Vandervis said her husband, who still needs pain management and physiotherapy, may yet need further operations on his ankle and knee.
She says it has often been an uphill battle to get him the care he needs and they have both had sessions for couples trauma counselling.
“It’s had such a negative impact on our lives – our lifestyle has totally changed.
“We used to go away for the weekend and go on holiday to Whitby and Lanzarote twice a year. It was our thing.
“We would have weekends away but Ashley can’t drive long distance. He cannot sit for long, walk for long or stand for long and you have to work your life around that.
“For example, we can’t just walk into a restaurant – we have to be mindful of seats, anything hard or wooden just sets everything off.”
Mrs Vandervis revealed she took unpaid leave from her job for a year to help care for her husband.
She said they nearly lost their home after turning to savings to pay the mortgage and higher heating bills and her parents helped them financially.
“We used a foodbank for a bit. We are just lucky we have got good family and friends.
“We have worked all our lives since the age of 16 so Ashley’s anxiety was around finances and to try and get better.”
She said he applied for nearly 30 jobs but struggled to get anywhere when he mentioned his injuries, though for the past year he has been working part-time as an operations assistant.
He has lost his lorry driving profession because of the lasting effects of the injuries.
Mrs Vandervis said: “We were trying for a family at the time and we had to put that to one side because of what happened.”
Despite the hardships, she said life is slowly getting better and putting the court case behind them has helped.
“He’s done amazingly and is really just wanting to get on with his life the best way he can with little moaning.
“All he has ever wanted is to gain back some sort of structure and routine in his life.
“To go back to work, even though it’s part time, is remarkable.
“I admire him and respect him for that.”
