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Man on trial accused of causing death by dangerous driving at Aberdeenshire holiday hotspot

Kylie Johnston admitted driving dangerously
Kylie Johnston admitted driving dangerously

A woman has told a court that her idyllic north-east holiday turned to horror when her partner of 20 years was crushed between a car and a caravan.

Andrew MacKay died after the vehicle being driven by Kylie Johnston careered into him as he was enjoying the summer evening air.

The 65-year-old was on holiday with his long-term partner Mary Dobbin – and had only just stepped out of their static caravan when he was struck by the silver Daihatsu Terio.

Earlier this year Johnston, of 8 Newbigging Drive, Stonehaven, admitted causing Mr MacKay’s death by driving dangerously on July 21, 2013

She had been controlling the steering wheel of the car from the passenger seat as it crossed a grassy area and crashed through a fence at the East Balthangie Caravan Park near Cuminestown in Aberdeenshire.

The vehicle eventually came to a stop after colliding with retired plumber Mr MacKay and his holiday home.

Johnston, 26, had also been accused of driving without a licence or insurance, but her pleas of not guilty were accepted by the Crown.

Yesterday, her partner, Nathaniel Cooper, went on trial at the High Court in Aberdeen also charged with causing Mr MacKay’s death by driving dangerously.

It is alleged that he was in the driver’s seat of the car when the tragedy happened.

He is accused of controlling the accelerator, brake and clutch while Johnston operated the steering wheel.

He denies the charge against him.

During the first day of the trial Ms Dobbin recalled the final day she spent with Mr MacKay.

She told the court they had visited Thainstone car boot sale in the morning before returning to the site for some lunch.

The 58-year-old said Mr MacKay had been chopping onions for their dinner when he told her he was going out for some fresh air as his eyes were beginning to nip.

She said that just moments later she heard a “roaring noise” and the caravan began to shake.

The court heard Ms Dobbin, who was still inside the caravan at the time, was showered by objects falling from cupboards inside the holiday home.

Jurors heard Ms Dobbin went to the door of the caravan and found it blocked by the Daihatsu Terio, which was “embedded” in the wall of the holiday home.

She said she then started shouting for her partner and received no response.

Initially there was no sign of Mr MacKay, the court heard, however it soon became apparent that he was trapped underneath the caravan and the car.

Two children were also still inside the Daihatsu Terio.

Ms Dobbin said that Johnston was “visibly upset” and was “physically sick” following the crash.

The court heard that she repeatedly said she was “sorry” and that she “didn’t mean it”.

However, she said Cooper, of 4 Queens Road, Inverbervie, remained calm.

She said: “I was shouting on Andy. I couldn’t see him. Mr Cooper said to me ‘where is he?’. He bent down and looked underneath the car and the caravan and said ‘oh my God get an ambulance’.”

Ms Dobbin was asked if Johnston had said anything and she replied: “She was saying something like we were only doing 10 miles per hour and she kept telling me she was so sorry. She was physically upset. She was crying.”

The owner of the caravan site also gave evidence yesterday.

John Burden, 61, told the court he ran to the scene after he and his wife heard an enormous metallic crash.

He said when he arrived he saw the grey 4×4 stuck in the side of the static home and heard Ms Dobbin shouting for her partner.

The court then heard that he told police officers that Cooper tried to explain to him what had happened in the run-up to the crash.

A section read from his police statement said: “I told my wife Anna to turn off the electricity supply to the caravan.

“While she was doing that I spoke to Nathaniel and asked what had happened. Nathaniel then told me that he was ‘letting me girl have a shot of the car and she put her foot on the accelerator instead of the brake’.”

The trial, before Lord Stewart, continues.