Killer driver spared jail after widow's plea for mercy

David McGarry was ordered to complete 160 hours of unpaid work

A lorry driver who killed a cyclist on a Highland road has been spared jail after a plea for mercy from the victim's widow.

Retired art teacher Neil Smith was cycling with his son when he was hit by David McGarry's vehicle in Perthshire.

In a victim impact statement, his wife Dr Savi Maharaj said she "would not want any form of retribution".

McGarry was ordered to complete 160 hours of unpaid work and banned from driving for 16 months.

Dr Maharaj said she knew that McGarry had "no intention to cause harm and was distraught when he realised what had happened".

She added that her husband understood people sometimes made mistakes and needed a second chance in life.

She said: "He would want Mr McGarry to find peace and move on.

"I would like the court to take whatever action it considers necessary to protect road users from any risk Mr McGarry might pose."

Sheriff Charles Lugton said it was "a very tragic case".

He said: "The consequences must have been devastating for the family of the deceased, and I note in that regard the very generous comments they have made, which are greatly to their credit."

Dr Savi Maharaj said her husband was a kind and thoughtful man

Stirling Sheriff Court was told the collision happened on the single carriageway A85 Road To The Isles, near Inverardran, in 2021.

Prosecutor John Adams said McGarry had failed to notice Mr Smith, who was thrown from his bike by the impact.

He died at the scene with a broken neck, despite the efforts of passers-by to save him.

Stirling Sheriff Court heard that the point of impact was 110m (360ft) into a clear straight on a dry and sunny summer day.

McGarry, if he had been looking, would have had 12 seconds to see Mr Smith - who was cycling a metre out from the verge - and avoid him.

The court heard McGarry had been driving into the sun, but it would have had "limited impact" on visibility.

McGarry told police that the sun had been "in his eyes" and he had seen nothing until he had heard a bang.

McGarry, of Whitehaven, Cumbria, admitted causing death by careless driving.

Advocate Gillian Ross, defending, said McGarry was "extremely touched" by Dr Maharaj's comments.

She said: "He simply didn't see Mr Smith. He accepts he should have seen him. But for whatever reason he did not."