Chloe Morrison: Family of woman killed by lorry seek sentence review

  • Published
Chloe Morrison and familyImage source, Chloe Morrison family
Image caption,

Chloe Morrison, second from right, with her parents Robert and Karen and sister Jodi

The family of a woman killed when she was struck by a loose outrigger on the back of a lorry have called for the driver's sentence to be reviewed.

John O'Donnell, of Inverurie, was sentenced to 100 hours of unpaid work and banned from driving for 12 months at the High Court in Stirling.

The family of nursery teacher Chloe Morrison, 26, described the sentence as a "slap on the wrist".

They want the Crown Office to consider an appeal.

O'Donnell denied causing Ms Morrison's death on the A82 near Drumnadrochit on 25 October 2019.

The 53-year-old was convicted last month of causing Ms Morrison's death by careless driving.

On Wednesday, a judge said O'Donnell's case did not warrant a custodial sentence.

In a statement, solicitors for Ms Morrison's family said they had launched a civil action and the family have also sought a meeting with the Crown Office and Procurator Fiscal Service (COPFS).

Her father Robert Morrison said: "What happened in court caused a pain like losing our daughter for the second time."

He said Chloe was a loved daughter, sister and granddaughter.

A COPFS spokesman said: "As with all cases, the Crown will consider the sentence and give consideration to whether it might be unduly lenient."

'Tragic outcome'

Sentencing O'Donnell, Lord Stuart said other unanswered questions were why the lorry had not been serviced by a manufacturer or its agents, and whether any safety upgrades might have warned O'Donnell there was an issue.

The judge said O'Donnell's carelessness must have been his failure to spot the outrigger in his mirror at some point over a distance of just under a mile when it was known to have become fully extended.

But he said it could not be known whether this occurred over a minute before the collision, or just seconds before.

The judge told O'Donnell: "Against this background, whilst recognising the tragic outcome in this case, I consider that placed in its overall context, your culpability for the death of Miss Morrison is significantly less than it might otherwise have been."

Image source, Chloe Morrison's family
Image caption,

Chloe Morrison's family said she was a loved daughter, sister and granddaughter

Last month's trial at the High Court in Inverness heard O'Donnell had driven his lorry with a crane attached from Oldmeldrum in Aberdeenshire to Skye on 24 October 2019.

He stayed overnight and said he had dropped stabilising legs the following day because of gales - although he was not trained to do so - before setting off on his return journey.

O'Donnell insisted he did not extend or touch the controls of the stabilisers' outrigger beams.

But CCTV showed the nearside outrigger's yellow warning sign, indicating it was unlocked, when he filled up with diesel at a filling station on Skye.

A passenger in a car travelling in the opposite direction also saw the outrigger swing out seconds before reaching the collision scene.

The court heard Ms Morrison, who was from Drumnadrochit, died from multiple fractures as the outrigger hit her back and propelled her 35m (115ft) in front of the lorry.