Suspended sentence after child crash death

Scarlett Rossborough died after being struck by a car in August 2023

A 92-year-old man who knocked down and killed an eight-year old girl will be handed a suspended sentence, a court has heard.

Scarlett Rossborough, from Larne, died after being struck by a car driven by John Noble Lindsay in Carrickfergus in August 2023.

Lindsay, of Prince Andrew Way in Carrickfergus, admitted a charge of causing Scarlett's death by dangerous driving.

He is currently in hospital and was excused from attending Monday's hearing at Belfast Crown Court.

Judge Patricia Smyth said she would be imposing a 10-month sentence upon Lindsay, which would be suspended for 12 months, "when he is well enough" to be sentenced.

The court heard that a recent medical report determined his life expectancy to be between nine months to a year.

'Princess of the family'

The former police officer will also be banned from driving for five years.

"The enormity of the tragedy cannot be put into words," the judge told the court.

"Scarlett was a beautiful, happy child, loved by all who knew her.

"She was eight years old and described as the princess of the family.

"She was the kindest, most sensitive, empathetic little person. She was determined and passionate."

The judge said that Scarlett loved sports, music and was a keen artist and gymnast who loved to play with her little brother.

She added that there was "no sentence that will bring any comfort to Scarlett's parents and family, who have suffered so much".

John Noble Lindsay is currently in hospital, the court heard

On the day of the crash, Scarlett, who attended Linn Primary School in Larne, was part of a group of children and adult leaders from a community centre summer scheme on a day out to Carrickfergus Castle.

Crown barrister David Russell KC said as the group was walking along the footpath on High Street, Lindsay's car mounted the footpath and struck three children.

Prior to the collision, Lindsay had parked his car in a disabled parking space.

Mr Russell said that after initially parking his car, Lindsay was captured on CCTV getting out and then getting back into the car.

He then attempted to re-park and began moving the vehicle backwards and forwards several times.

Mr Russell said this was "presumably an effort to move his car closer to the kerb".

He said that as the car reversed once more, with the front wheel steered to the right, its movement was initially slow before suddenly accelerating.

"The car mounted the footpath, striking Scarlett and at least two other children, then collided with the wall of an adjacent building, trapping Scarlett between the rear of the vehicle and the wall," he said.

Mr Russell said at the point of impact, Lindsay's car was travelling between 11 and 12 mph and that pedal misapplication could have been a possible cause of the collision, as could confusion on Lindsay's part.

'Unrelenting suffering'

Defence barrister Frank O'Donoghue KC said the defendant had always accepted full responsibility.

He said Lindsay had been "devastated" by what occurred and was fully aware of the "unrelenting suffering" that he had brought to Scarlett's family.

The barrister said his client was "a man who, up to this point, lived an exemplary life" and that "in over 70 years of driving he never so much as received a parking ticket, let alone a penalty point, let alone being convicted of any driving offence".

Mr O'Donoghue revealed the day after the incident, his client "surrendered his licence and never drove again".

During Monday's hearing, Judge Smyth spoke of the loss suffered by Scarlett's family.

This included Scarlett's mother who has been left "haunted" by the tragedy and who has called for a new law - Scarlett's Law - which would ban very elderly people from driving in the interests of the public.

Judge Smyth also noted that Scarlett's father's life has been "ripped apart" by what happened to his daughter.

She said the case "highlights the very real risk that elderly drivers pose to other road users".