Drug-driver jailed for killing Edinburgh nurse cycling to hospital
- Published
A drug-driver who killed a nurse who was cycling to work in the intensive care unit of Edinburgh Royal Infirmary has been jailed for two years.
Douglas Toshack was more than two times over the legal limit for driving with cannabis when he hit James Harrison with his flatbed truck in June 2020.
Toshack said he had not seen the 36-year-old research nurse on his bike at a junction on the A772 Gilmerton Road.
A judge rejected a plea to spare him a prison sentence.
Mr Harrison, a father-of-two who had been a lead research nurse in cardiology, was volunteering in the intensive care unit to support the Covid-19 response during the pandemic.
Lord Sandison said a victim impact statement provided by Mr Harrison's widow was truly heart-breaking.
The judge said it reflected "the devastation caused to two young children who will never see their father again".
He told Toshack: "The cause of Mr Harrison's death was, first and foremost, your carelessness."
During a sentencing hearing at the High Court in Edinburgh, Lord Sandison pointed out that Toshack was driving while he more than two times over the legal limit for cannabis.
Toshack admitted that he smoked the drug the night before the collision and said he had been using cannabis for 30 years.
The first offender, from Kelty in Fife, had previously denied causing the death of Mr Harrison by dangerous driving in Edinburgh during a trial.
A jury convicted him of the lesser offence of causing death by careless driving and driving while over the legal limit for cannabis.
Toshack failed to pay attention and failed to see the 36-year-old nurse on his bike.
Mr Harrison was in the opposite lane and was heard to shout "whoa, whoa, whoa" before the flatbed Mercedes Sprinter truck driven by Toshack struck him during a manoeuvre.
Toshack's vehicle drove over him and he died later that day at the hospital where he worked..
'Completely devastated'
Defence solicitor advocate Euan Gosney said that what occurred that day was "absolutely tragic".
He said: "The impact of the offence on Mr Harrison's family has been considerable and it is accepted that the level of harm caused is of utmost seriousness."
He said Toshack was "completely devastated" by what happened and had shown genuine remorse.
Mr Gosney submitted that the court could deal with Toshack by imposing a community payback order and restriction of liberty order.
Toshack was banned from driving for eight years and told he would require to sit an extended test before obtaining a licence.
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