Driver avoids jail over Boxing Day death crash in Bearsden

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Janette HenryImage source, Spindrift
Image caption,

Janette Henry, 67, has been banned from driving for 12 months.

A woman who caused a Boxing Day crash that killed a pedestrian and hurt five others has avoided a jail sentence.

Janette Henry, 68, drove her Range Rover into a family walking to a restaurant in Bearsden, East Dunbartonshire, in 2019.

Community worker Eleanor Ballantyne, 60, died in hospital and five of her relatives were also injured.

A judge ordered Henry to carry out 100 hours unpaid work and banned her from driving for 12 months.

Her licence was also endorsed.

Henry originally denied causing death by dangerous driving, but was convicted of the lesser offence of causing death by careless driving following a trial.

Lord Stuart, speaking at the High Court sentencing in Edinburgh, said it had been "a deeply tragic event" caused by a "momentary loss of attention" from Henry.

The judge told the court a background report on Henry noted she presented as someone who was sincerely ashamed and remorseful after having caused death and injury.

Defence counsel Thomas Ross KC said Henry has not driven since the crash and "does not expect to drive in future".

He said: "It seems to be the case that before December 26 in 2019 she had been driving for around 46 years without incident."

'Scene from hell'

Henry told jurors she had no memory of the crash and said she got out of her vehicle to a "scene from hell".

Eleanor's brother Brian Ballantyne, 59, had earlier told the trial how the family got together for a traditional Boxing Day gathering at his home in Bearsden.

The group were walking on the pavement to a local restaurant and Mr Ballantyne recalled seeing a car with "very bright" lights coming towards them and then a "terrible thudding".

Henry's vehicle had mounted the pavement and struck a wall before hitting the group and then a parked Jaguar car.

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The 2019 crash happened in Manse Road in Bearsden

After checking on his family, the company director told the court he saw Henry standing on the street.

Asked what she was like, he said: "I will never forget her demeanour the rest of my life.

"It was almost as if she had parked her car. Her behaviour was too normal."

Eleanor, of Dundee, was critically injured and died in hospital a week later.

Prosecutors stated Henry had failed to negotiate a bend and then travelled across the opposite lane.

She was said to have struck the wall and not stopped her vehicle before hitting the family.

Medical experts who gave evidence could not rule out Henry suffered a sudden loss of consciousness at the wheel.

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