Elderly driver 'so sorry' for crash that killed toddler

Xander Irvine died in the incident in June 2020

A 91-year-old driver who struck and killed a child with her car in Edinburgh said she was "so, so sorry", a fatal accident inquiry (FAI) has heard.

Three-year-old Xander Irvine died in June 2020 when a Kia driven by Edith Duncan veered off Morningside Road and hit him and his mother Victoria, before smashing into a charity shop.

Mrs Duncan, who died in May 2021, was charged with causing death by dangerous driving and driving without insurance.

The inquiry at Edinburgh Sheriff Court heard pre-recorded evidence from Mrs Duncan who said she felt she was a "good driver" and "familiar" with the area.

Xander’s parents were in court for the third day of the inquiry. They briefly left the room while Mrs Duncan’s police interview from July 2020 was heard.

Mrs Duncan said she was confident in her driving abilities, having previously made long drives to the north coast of Scotland on holiday.

She said she was was familiar with the area where she was driving.

Questioned about the day of the accident, she said she recalled it taking place in the morning before being told by police it happened in the afternoon.

Returning to her car after meeting with friends, Mrs Duncan said she saw a "clear bit of road" and tried to carry out a U-turn.

She said while she saw pedestrians on the pavement, she did not see Xander or his mother walking outside the St Columba's Hospice Charity shop.

Police said CCTV footage appeared to show Mrs Duncan had not applied the brakes as the brake lights had not come on.

Mrs Duncan said her “foot must have slipped on the accelerator”.

The inquiry heard that Mrs Duncan at first did not realise the severity of the accident.

Xander died in the Royal Hospital for Sick Children from multiple injuries.

Witnesses to the aftermath of the crash had described Mrs Duncan as “detached” and “pretty emotionless”.

Mrs Duncan had the car, a red Kia Picanto, for about eight years and only drove locally - describing the vehicle as "like a shopping trolley".

There is no legal age to stop driving in the UK and Mrs Duncan had renewed her driving licence earlier in the year.

The inquiry heard from Dr Lynne Hutton, consultant in rehabilitation medicine at the Driving Assessment Unit.

Dr Hutton said the function of the centre was to assess how medical conditions impaired drivers' ability.

She said this was done through physical and cognitive tests.

Drivers over the age of 70 must apply for a new licence every three years and must declare to the DVLA if they feel they have any cognitive impairment.

Drivers found to have violated this rule can be fined up to £1,000 and could face prosecution.

Dr Hutton said Mrs Duncan likely would not have been picked up by the system as she did not feel she was living with any conditions.

She said that fewer than 10% of drivers over the age of 90 who were reassessed were advised not to get back on the road.

'Impaired executive function'

The inquiry heard that Mrs Duncan had an earlier accident in September 2019 when she reversed in a supermarket car park and hit another vehicle.

This was not disclosed to her GP.

Alister Burns, professor of old aged psychiatry at the University of Manchester, said he believed Mrs Duncan may have had symptoms of Alzheimer's disease since May 2019.

Prof Burns said it was less likely that she was suffering from frontotemporal dementia - as suggested by a different professional diagnosis after the incident .

A forensic psychologist had assessed Mrs Duncan in April 2021 and said she appeared "articulate and sharp" but "performed poorly" in cognitive testing.

Prof Burns said he was unable to make a definitive judgement, but said it was possible impaired executive function may have “contributed to the accident”.

The hearing before Sheriff Principal Nigel Ross continues.