A motorist who caused the death of a cyclist by careless driving in a tragic accident on Christmas Day has avoided a jail sentence. Iain Methven, 30, died from severe head and neck injuries after he was struck by a blue Ford Focus on the A6105 road in Berwickshire.
Jedburgh Sheriff Court was told a "momentary loss of concentration" by 50-year-old Keith Halliday had resulted in tragic consequences. He pleaded guilty to driving a car without due care and attention by failing to see Mr Methven on the roadway and causing the vehicle to collide with him.
The fatal accident happened on December 25, 2020, when Mr Methven, who worked as a baker, had gone out for a morning cycle ride. A paramedic who arrived on the scene said the injuries suffered were not "compatible with life" and pronounced life extinct at 10.49am and placed a blanket over him.
Sheriff Peter Paterson said:"With such tragic consequences to measure against a momentary loss of concentration, to balance these two factors out is never easy. But I view a prison sentence is not appropriate in this case.
"Cases like this are tragic in every sense.Tragic that a young man has lost his life. Tragic for his family, and tragic in fairness to Mr Halliday as well who will have to bear with this for the rest of his life. The court can do little in these circumstances to repair or help."
Halliday was ordered to carry out 190 hours unpaid work and was given a night time curfew between the hours of 7pm and 7am at his home in Duns, Berwickshire, for the next nine months as an alternative to custody. He was also banned from the road for 12 months.
The court was told Mr Methven's mother had written a letter saying she wanted to know if her son had died alone, did he suffer and what happened to cause the accident. Halliday's lawyer said his client did not see the cyclist at the time of the collision.
Procurator fiscal Susan Campbell said pathologists who carried out the post mortem would be reluctant to say the death was instantaneous but added:"Ian Methven would not have known anything about it."
Halliday gave a no comment interview when charged by police. An investigation found the bike was fully equipped with flashing lights and would have been clearly visible to motorists from a long distance.
It concluded the collision occurred as a result of the driver "failing to carry out sufficient visual checks and failing to react to the presence of Mr Methven on his pedal cycle."
Halliday's lawyer said that the first offender had lost his job as a farm worker as a result of being banned and had suffered mental health difficulties since the accident, suffering flashbacks almost daily.
The lawyer said:"He accepts full responsibility for his actions. He was very upset at the time of the accident and has shown deep remorse."
People who passed the accident scene heard Halliday sobbing and saying "oh no, oh no." Another witness said Halliday was in a distressed state and "had dropped to his knees and was crying."
They described how Mr Methven's blue Giant racing cycle was up against a tree with the rear wheel damaged while Mr Methven was lying on a grass verge at the side of the road.
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