'Disgust' at death crash sentence

Yau appeared at Hamilton Sheriff Court

The family of a pensioner who died after he was hit by a car have expressed "disgust" at a sheriff's decision not to jail the partially-sighted driver.

Yeun Fat Yau is the second driver in a month to escape jail after being found guilty at Hamilton Sheriff Court of causing death by dangerous driving.

Yau, who has no vision in one eye and cataracts in the other, was banned from driving for life and ordered to carry out 300 hours' community service for causing the death of 77-year-old Arthur Cassells.

Sheriff William Gibson accepted defence submissions that Yau was unwell and that going to prison would not do him any good.

Douglas Ramsay walked free last month

Last month, 19-year-old Douglas Ramsay escaped imprisonment after he was found guilty of causing the deaths of teenagers Emma Shaw and Laura Hainey.

Mr Cassells' daughter, Janet McAllister, expressed anger at the sentence, which she branded "derisory".

"I was prepared to be disappointed but now I am disgusted. I have discovered that I am not as forgiving as I thought I would be," she said.

"He has to do 300 hours' community service. What punishment is that for taking a man's life? This shows that life is cheap."

Sheriff's comments

Yau, 61, from Wishaw, did not see Mr Cassells crossing the road and ploughed into him in his Volkswagen in September 1998.

Mr Cassells never fully recovered from his injuries and died in Law Hospital two months later.

Sentencing Yau, Sheriff Gibson said: "Your eyesight was appallingly bad. You did not require a doctor to tell you that you must not drive. You must have known that yourself.

"In my view your culpability is relatively high and a prison sentence is appropriate."

But the sheriff accepted the defence argument that Yau was ill and prison would be of no benefit.

Road safety organisations have called for dangerous driving cases to be heard in the High Court.

The Crown has also begun proceedings to seek appeal of the sentence against Ramsay, who was placed on a year's probation, given 300 hours' community service and banned from driving for five years.