A north-east jury was told it had made legal history yesterday after it convicted a motorist of causing a pensioner’s death by driving dangerously – while his girlfriend sat on his knee.
Nathaniel Cooper and Kylie Johnston were both behind the wheel of the Silver Daihatsu Terio when it spun out of control and careered into the side of a caravan.
Unknown to the pair at the time, the car had also collided with 65-year-old Andrew MacKay who was on holiday at the East Balthangie Caravan Park, near Cuminestown.
The retired plumber suffered fatal chest injuries when he was trapped between the vehicle and the holiday home.
He was pronounced dead at the scene minutes after the crash.
Earlier this year, Johnston, of 8 Newbigging Drive, Stonehaven, admitted her part in the “tragic accident” which happened on July 21, 2013.
The 26-year-old pled guilty to causing Mr MacKay’s death by driving dangerously by controlling the steering wheel of the car as it crossed a grassy area and crashed through a fence on the site.
But she insisted Cooper, of 4 Queens Road, Inverbervie, had also been in control of the vehicle in the moments leading up to the crash.
The 30-year-old denied all responsibility for the fatal accident and claimed he had not been touching either the steering wheel or the pedals at the time of impact.
However, yesterday a jury of eight men and seven women took just over an hour-and-a-half to also find him guilty of the offence by majority.
The landmark decision followed a week-long trial at the High Court in Aberdeen.
Addressing the jurors following their verdict Lord Stewart thanked them for their services during what he said had been a “tragic case”.
He said: “Over the weekend both myself and counsel have worked tirelessly to find any reported cases of this sort.
“We have even looked far afield, to places like America, and all we could find were cases involving animals, namely dogs, sitting on the laps of the drivers.
“You have helped to make legal history today as I understand it.”
Both Johnston and Cooper were released on bail while background reports are carried out. They will be sentenced next month.
During the trial, the court heard Johnston had been distraught following the accident and immediately told officers she had been behind the wheel when it careered into Mr MacKay.
He had only stepped out of his holiday home for a few minutes to rest his eyes which were nipping from chopping up onions when he was hit and pinned underneath the 4×4 and caravan.
Speaking outside court yesterday, an emotional Johnston said she was “so thankful” that Cooper had been convicted for his role in Mr MacKay’s death.
She said: “I pled guilty for my part right from the start. I held my hands up and admitted what I had done. I am so thankful that he has now been found guilty for his part as well.
“I just wanted to admit what I had done for his (Mr MacKay’s) family. I cannot believe he made them go through a trial.”
Cooper refused to comment on the verdict yesterday.
During the course of the trial jurors heard evidence from Mr MacKay’s partner of 20 years Mary Dobbin.
She told the court she had been inside the caravan reading her book when it was hit by the 4×4.
The vehicle was embedded in the side of the caravan and knocked it off its stand.
She said she became hysterical when she looked outside and could not see Mr MacKay because she knew he must be underneath.
Speaking from the caravan site last night, owner John Burdon, said ,,, had lost a friend as well as awho also gave evidence during the trial, said he could not understand why Cooper had not owned up for what was clearly “a few seconds of stupidity”.
He said: “We can’t understand why the guy didn’t accept his responsibility and own up to it instead of putting people through a lot of pain, particularly Mary.
“She was on the stand and clearly it was distressing for her to be put through that because the guy didn’t have the guts to say ‘I hold my hands up, I’m guilty’.”
