Five-year ban after fatal crash

Wilson was banned and fined at Peebles Sheriff Court

A driver who remembers nothing about a crash in which a pensioner died has been banned for five years.

Michael Wilson, 66, of St Ronan's Terrace, Innerleithen, has a disorder which a sheriff said increased the risk of him falling asleep.

At Peebles Sheriff Court, Wilson admitted careless driving on the A72 near Peebles on 1 April last year.

Brian Ellis, 70, from Blyth in Northumberland, died in the head-on crash and his wife was badly injured.

Wilson was also fined £2,000 for the offence.

The court heard how he had been diagnosed with sleep apnoea several years ago, which can cause severe tiredness.

Most people wouldn't want to put their hands on a steering wheel given what has happened Sheriff James Farrell

On the day of the crash, he had played a golf in Edinburgh and later drank a pint and a half of beer with his lunch before heading back to Innerleithen from Peebles.

Sheriff James Farrell said he could not ignore those circumstances.

"The way I see this is that he was well aware he was suffering from a condition that leaves him drowsy and can lead to him falling asleep," he said.

"It is common knowledge that a combination of exercise and fresh air followed by a meal and alcohol would leave you feeling drowsy.

"It wouldn't be a good idea for most people to do that before driving but to do it with this condition and knowingly risk exacerbating the probability of falling asleep does create culpability."

Wilson had notified the DVLA when he was first diagnosed with the condition and had been allowed to keep his licence.

He had also continued to drive following the crash.

"I am surprised in the year that has passed he has continued to drive," said Sheriff Farrell.

"Most people wouldn't want to put their hands on a steering wheel given what has happened."

'Scarred for life'

Mr Ellis, who died in the crash, had been in the Scottish Borders to celebrate his 70th birthday with his wife.

He suffered severe chest, abdomen and leg injuries in the collision and was pronounced dead at the scene.

His wife suffered head injuries but survived.

Wilson earlier told the court that he could not remember anything after leaving Peebles.

"None of us know what happened in the few seconds leading up to the accident," said defence lawyer David Bell.

"My client will never forget what happened after the accident - he has been scarred for life, both mentally and physically."