Driver who killed pedestrian lying in road given community sentence

A driver who caused the death of a man who was lying on an Aberdeenshire road at night has been ordered to carry out unpaid work.

Calum Rae, 28, died after being stuck by 25-year-old Andrew Webster's car in Newmachar on the A947 in August 2023.

Aberdeen Sheriff Court heard the victim had been drinking and was lying face down but the driver may have had time to avoid him if he had been driving slower.

Webster was ordered to carry out 140 hours of unpaid work and was banned from driving for two years after he admitted causing death by careless driving. The court was told he felt guilt and remorse and has flashbacks.

The incident happened in the early hours of 31 August 2023.

Fiscal depute Harry Findlay told the court that Rae had been drinking, and had been seen staggering.

He said when the victim was struck on the road it appeared to have been a "relatively high-speed collision".

He said Webster later indicated he had seen a dark object ahead of him.

He did not register it as a person but slowed a little in case it was solid, then braked hard after the impact.

Webster then raised the alarm and sounded "extremely distressed".

The pedestrian died at the scene. Cause of death was blunt force head injury, and toxicology showed a significant blood alcohol level.

The fiscal depute said that had Webster been driving at an appropriate speed he could have had time to stop or manoeuvre.

First offender Webster, of Aberdeen, admitted causing death by careless driving at excessive speed, and failing to maintain proper observations on the road ahead.

Defence counsel Gillian Ross KC said Webster wanted it recognised that nothing would take away from the pain and suffering of the deceased's family.

"He does recognise the profound impact," she said of his actions.

"Mr Webster himself continues to battle with the consequences," which she said included flashbacks and guilt.

Sheriff Craig Findlater offered the "sincere condolences" of the court.

"This is a truly tragic case," he said.

The sheriff said the collision was not deliberate, and that the appropriate sentence was a community payback order as a direct alternative to a custodial sentence.

In a statement issued through lawyers Digby Brown afterwards, relatives of the victim said they were "extremely disappointed" at the sentence.

They said they felt it "does not reflect our loss or the value of Calum's life".

It added: "The only positive we take from today is that this painful criminal process is now over and we can move forwards and remember Calum in the positive way he deserves.

"We'd like to thank everyone who has supported us."