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15:40 GMT, Monday, 12 January 2009

Nephew death drink-driver jailed

A drink-driver who caused his teenage nephew's death when he crashed while double the legal limit in Aberdeenshire has been jailed for seven years.

John Ball, 36, lost control of his car on the B999 while driving a few hours after a night out in July 2007.

His 18-year-old passenger Shaun Eaton from Mastrick, Aberdeen, was pronounced dead after the crash.

Ball, who was jailed at the High Court in Dunfermline, admitted causing his nephew's death by dangerous driving.

Fellow motorists who saw Ball, of Pitmedden, described his driving as "idiotic" and "ridiculous".

The court was told Ball wished to apologise unreservedly to his sister for what he had done.

Shaun's mother Fiona Willox left the courtroom in tears. John Ball and Shaun Eaton

She told BBC Scotland: "I do not hate my brother for what he has done, I personally do not feel he has shown me remorse.

"He has apologised but if I had done this - taken someone else's life so precious - I would be at that person's door begging for forgiveness every day.

"I would not be able to live with the guilt."

Ball had returned to Scotland only the day before the crash, after working in Azerbaijan as a supervisor in the gas industry, and had been drinking with old school friends.

He stayed up until the early hours, then got up to give Shaun, an Aberdeen College computing student, a lift to work in Aberdeen, where he had a summer job.

David Griffiths, prosecuting, said Ball lost control at a gentle left-hand bend.

Excessive speed

He said: "The car struck the nearside verge, crossed the single carriageway, hit a fencepost and cart-wheeled into a field.

"Mr Eaton was killed instantly when the car hit the fencepost, suffering a massive head injury."

"At the time he was driving, [Ball] would have been no less than double the limit." Scene of fatal accident [Pic: Press and Journal]

Defence advocate Tim Niven-Smith said: "He accepts that excessive speed was a major issue in this accident and that alcohol was involved.

"He understands no punishment can atone for his actions or bring back his nephew.

"He has instructed me to unreservedly apologise to his sister - the mother of the deceased - and his extended family for his actions.

"He recognises this will provide little or no comfort. If he could turn back time, he would."

'Stark reminder'

Passing sentence, Lord Emslie said: "Nothing the court can do can atone for the death of a young man on the brink of his adult life.

"You were speeding over a considerable distance on a minor road which you knew to have bad bends.

"To make matters worse, you were twice the drink-drive limit."

In addition to the jail term, Ball was disqualified from driving for 10 years.

Ch Insp Tom Forrester, head of roads policing for Grampian Police, said: "If anybody ever needed a reminder of just how much impact drinking and driving can have this serves as a stark reminder."



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Related to this story:
Drink-driver caused nephew death (08 Dec 08 |  North East/N Isles )
Teenage road crash victim named (16 Jul 07 |  North East/N Isles )

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