Page last updated at 14:13 GMT, Monday, 22 June 2009 15:13 UK

Death crash sentence 'disgusting'

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Andrew Ramsay's lorry collided with Mr Sutherland's van

The family of a tyre fitter has described as "disgusting" the two-and-a-half year prison sentence handed down to the driver who caused his death.

Andrew Ramsay, 50, of Bellshill, Lanarkshire, collided with Gavin Sutherland's stationary van and the lorry he was working on.

Another man, Bryan Duff, was injured in the incident on the A9 at Daviot, near Inverness, in October 2007.

Mr Sutherland's twin brother Gordon said he had expected a longer sentence.

There is no suggestion that your bad driving was deliberate - it was however, again on the evidence, prolonged
Lord Brailsford
Judge

Outside the High Court in Glasgow, he said: "It's disgusting.

"I would like to have seen five years anyway."

Mr Sutherland said his brother was an "absolutely brilliant guy", adding: "Not a day goes by that we don't think about him.

"He did not deserve this, no way did he deserve this. I felt today there was no justice done for Gavin."

Ramsay was also disqualified from driving for four years.

Crash scene on the A9
The scene of the crash at Daviot, near Inverness

The judge Lord Brailsford said the offence fell into the "intermediate culpability" category.

In May, the judge apologised to the victim's family for a delay in the sentencing because background reports were not ready.

Mr Sutherland's family had travelled from Invergordon in the Highlands to Edinburgh to hear the sentence.

Earlier, Ramsay was found guilty of causing 41-year-old Mr Sutherland's death and injuring Mr Duff by dangerous driving.

Ramsay denied the charge of death by dangerous driving.

Wind rush

He had offered to plead guilty to the lesser charge of careless driving, but this was not accepted by the Crown.

Ramsay was found guilty at the High Court in Dunfermline by the majority verdict of the jury.

The court heard how Mr Sutherland, from Invergordon, had been replacing a punctured tyre on a lorry driven by Mr Duff, 33, of Portmahomack in Easter Ross.

Mr Duff was swept off his feet by the wind rush from the crash and landed in the road, breaking a bone in his foot and injuring his shoulder. Since the smash he has had flashbacks and nightmares.

A young vet stopped at the scene and tried to give Mr Sutherland first aid, but her efforts were in vain.

Lord Brailsford told the court that a recent English Court of Appeal case had set out "aggravating factors" which should be looked for in similar cases.

Gavin Sutherland
Gavin Sutherland had been working on a puncture

He told Ramsay "only one" was present in his case - a "prolonged persistent and deliberate course of very bad driving".

The judge said: "I should make it clear that even that factor is not wholly satisfied because, on the evidence, there is no suggestion that your bad driving was deliberate - it was however, again on the evidence, prolonged.

"The lights of the recovery vehicle were visible to an oncoming vehicle such as yours for something in the order of half-a-mile to a mile."

Defence advocate Ian Duguid told the court that Ramsay had split with his partner in the aftermath of the crash and has been taking medication to deal with depression.

He added: "It is hard to measure a loss of life and the grief of relatives against a custodial sentence.

"But Mr Ramsay apologises and regrets his actions."



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SEE ALSO
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24 Apr 09 |  Highlands and Islands
Lorry driver denies causing death
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