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Woman cleared of Aberdeenshire death crash

Aberdeen Sheriff Court
Aberdeen Sheriff Court

A woman has been cleared of causing the death of an 89-year-old pedestrian by driving carelessly.

Anne Wilson, 66, had been on trial at Aberdeen Sheriff Court and denied causing the death of Mary Donald by driving without due care and attention on August 20, 2016.

Mrs Donald had been crossing the A920 South Road in Ellon near its roundabout junction with Market Street, Bridge Street and Ythan Terrace when she was struck by Ms Wilson’s car.

She died days later in hospital.

But Sheriff Philip Mann said he had sympathy for everyone involved and found Ms Wilson not guilty.

On the second day of the two-day trial, defence witness Margaret Walls, 75, gave evidence and said she had been Mrs Donald’s “best friend.”

Making reference to a statement Mrs Walls gave police in the days after the incident, defence advocate David Moggach said: “‘When crossing the road she’d just go regardless of whether there were vehicles coming.’ Can you remember saying that to the police?”

She said: “Not that particular statement, but I’m sure I did.”

Fiscal depute David Barclay asked the witness: “As you’re looking back thinking today in court under oath, did you have concerns about her road safety?”

She replied: “No.”

Gary Mason, who is the director of a forensic collision investigation company and authored a report on the incident, completed the defence evidence.

Under questioning by Mr Moggach, Mr Mason talked through his calculations of the estimated speeds of the vehicle and of Mrs Donald and added: “It’s my view the collision could be considered unavoidable.”

Sheriff Mann said: “This has been a difficult case and you can’t avoid having sympathy for everyone involved, and everyone who has been bereaved.

“In the evidence there was no criticism of your driving other than the fact you may not have seen Mrs Donald in time.”

He told Ms Wilson, of Ness Circle, Ellon, he had “reasonable doubt” about the case and found her not guilty.

Ms Wilson declined to comment outside court.