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Daily Record
Daily Record
National
Lanarkshire Live

Motorist who killed OAP crossing road on her way to church is jailed

A motorist was jailed for five years today after killing an elderly woman crossing a road on her way to church.

David Harper, 34, was driving an unroadworthy car at excessive speed before the collision occurred that claimed the life of 79-year-old Margaret McGinnes.

A judge told Harper at the High Court in Edinburgh that it was clear that the suddenness and circumstances of her death have been the cause of "profound grief" to the victim's family.

Lord Fairley said that taxi drivers who saw him driving shortly before the collision were alarmed at the speed he was travelling at.

Vehicle examiners who looked at the car following the incident found that a cable to the anti-lock braking system (ABS) was frayed.

Harper had braked heavily with clouds of black smoke seen, but the wheels locked up and his car went into a skid.

Lord Fairley said Harper knew that there was a fault with the vehicle's ABS because a warning light on the console had been illuminated.

He told Harper that his conduct and previous convictions, which included a dangerous driving offence, meant a custodial sentence was appropriate.

The judge also banned Harper from driving for 10-and-a-half years and told him he would be required to sit an extended test if he ever wanted to hold a driving licence again.

Harper, a father-of-two, of Castlemilk Road, Glasgow, had earlier denied causing the death of Mrs McGinnes by driving dangerously on May 25, 2018 at Old Edinburgh Road, Uddingston, but was found guilty after a trial.

He drove at a speed in excess of the 30 mph speed limit and failed to maintain proper observations on the road ahead.

Lord Fairley pointed out that there were "very obvious hazards" nearby the scene, including houses, shops and a church.

Defence counsel Euan Dow said Harper had accepted his driving was careless and sought to persuade the jury at his trial that the driving was not dangerous, but that was not accepted.

He said Harper had agreed to give a work colleague a lift on the day of the fatal collision.

The court heard that his speed at the time the brakes were applied was about 45 mph. Mr Dow said Harper's position was that he had intended to get the fault with the ABS fixed in the following days.

Mr Dow said Harper had not carried out a prolonged and persistent course of deliberate, bad driving in the lead up to the offence.

The defence counsel said: "He has repeatedly expressed remorse. He acknowledges the impact his conduct continues to have on the family of the deceased and he states he is struggling to deal with that."

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