Death crash OAP fails in licence bid

Jun 26 2008 by Alastair McNeill

AN ELDERLY driver who claimed he was dazzled by the sun when he caused a head-on collision which killed two women failed to get his licence back yesterday.

Eighty-two-year-old William Burns of Baron’s Tower, Motherwell, was banned from driving for two years in February, and ordered to resit his test, after admitting a charge of driving without due care and attention.

He was also fined £350, but at the Court of Justiciary Appeal in Edinburgh yesterday (Wednesday), Burns only challenged the driving ban.

Burns said he needed the car to drive elderly neighbours to church and bingo, and to help his wife Elizabeth (79), who was badly hurt in the smash on the A71 Ayr to Kilmarnock Road on February 3 last year.

Judges were told that Sheriff Joyce Powrie had paid too much attention to Burns’ age when she disqualified him in February.

Defence advocate Moira Mackenzie argued that statistics showed that older drivers were no less safe than other age groups.

Burns had been driving his silver Ford Mondeo east along the A71 near Strathaven while returning from an outing to Ayr.

But he failed to take a left-hand bend and strayed across the road, smashing into a blue Mazda heading in the opposite direction.

Anne McLaughlan (71), a passenger in the Mondeo along with her husband and Mrs Burns, died in hospital later.

Helen Nicol (87), a passenger in the other car, was killed outright. Four others, including Burns, suffered minor injuries.

Burns had said it was a “momentary lapse of concentration.” He said the late afternoon sun – low in the sky behind him – had dazzled him and the accident happened as he tried to adjust his rear view mirror.

Sheriff Powrie had commented that it should have been routine for a safe driver and said the accident was “at the upper end” of offences of careless driving.

Ms MacKenzie argued that the sheriff had “over-stated” the gravity of the offence.

The lawyer continued: “In particular she has erred in regarding Burns’ age as almost an aggravating factor.”

But, rejecting the appeal, Lord Wheatley told Burns: “I regret to say we find it difficult to criticise the sheriff.”

He said that in fixing the penalty for careless driving the court had to ignore the consequences.

“We must also ignore any sympathy for your circumstances,” added Lord Wheatley.