A van driver who killed an award-winning care home chef after failing to see the victim changing a tyre was jailed for three years today.
Graham Smith failed to keep a proper look out on the A90 north of Aberdeen when he struck Black Watch veteran John Grover, who suffered catastrophic injuries.
A judge told Smith, 60, that the only appropriate sentence for the offence was a custodial one.
Lord Arthurson said at the High Court in Edinburgh: “You failed to maintain proper observations ahead of you.”
He told first offender Smith: “You have expressed full and appropriate remorse and victim empathy.”
Lord Arthurson said he had read “very moving” victim impact statements provided by members of the family of Mr Grover, who was aged 62 when he died.
The judge told Smith, a dive technician and former Royal Navy marine engineer, that he would have faced a four-and-a-half-year jail term but for his guilty plea.
Smith, of Cairness, near Fraserburgh, earlier admitted causing the death of Mr Grover by driving dangerously on December 16 in 2021.
He failed to maintain proper observations of the road ahead, failed to observe a stationary car encroaching into lane one of the northbound carriageway, failed to see Mr Glover who was then changing a tyre and failed to take evasive action to avoid him and struck him with the Ford Transit he was driving.
Victim joined Black Watch after school
Advocate depute Chris McKenna told the court that Mr Grover was born and brought up in the Rosyth area of Fife.
The prosecutor said: “On leaving school he joined the Black Watch, Royal Regiment of Scotland, where he served for 24 years, mainly as a chef. During his time in the army, he met his now ex-wife with whom he had two children.
“On leaving the Army he continued to work as a chef. He met his current partner eight years ago and they resided together in New Pitsligo. He had been working as the head chef at the Fairview Care Home, Bridge of Don, Aberdeen, for two years.”
On the day of the fatal collision, he was working at the care home and was heading home on the Aberdeen to Ellon road in his Hyundai i40 when he called his partner to tell her he had a puncture to a front tyre and intended to stop to change it before continuing his journey.
Mr McKenna said: “At the time of the collision, around 15.09 pm, it was daylight with good visibility. The weather was fine and dry.”
Mr Grover pulled over and activated his hazard warning lights. He removed the spare wheel and tools from the boot and began working on changing the tyre.
A woman driving a minibus, who was travelling behind Smith, saw a stationary car ahead of her half in the lane and half on the verge and saw Mr Grover crouching down at the front of the vehicle.
Mr McKenna said: “There were no vehicles driving in front of the accused’s van which would have obscured his view of the road ahead. He should have had a clear view of the deceased. There were no vehicles stopping the accused from moving into lane two.”
Collision investigators said Mr Grover’s vehicle would have been visible from approximately 450 metres away.
The prosecutor said: “The accused continued to drive his Ford Transit van in lane one. He failed to react in any way to the presence of Mr Grover and his car. The accused’s van struck Mr Grover as it passed the stationary car.”
The minibus driver stopped to contact the emergency services and off-duty paramedics and a police officer went to the aid of the collision victim.
‘I didn’t see him’
He was initially conscious and breathing but his condition deteriorated and he went into cardiac arrest. A special operations medical response team carried out extensive emergency treatment on him at the scene but all efforts to save him proved futile.
He was found to have suffered head and spinal injuries and multiple fractures after the van crashed into him. Smith told one witness after the incident: “I didn’t see him.”
Defence counsel David Nicolson said: “There was a lack of concentration on his behalf that led to this tragic accident.”
He said that after serving in the Royal Navy Smith became a dive technician but gave up that employment after the collision because he felt he could not concentrate.
The defence counsel said: “His remorse is absolutely genuine and knows no bounds. This is a man with a previous good driving record.”
Smith was banned from driving for six and a half years and will have to resit a test before driving again.
In 2021 John Grover was crowned the best care home chef in Scotland for his work in Barchester’s Fairview House in Danestone, Aberdeen.
Staff and residents nominated him for the nutrition and eating well category of the Scottish Care Home Awards but he was killed before he could be announced as the winner.
His partner Lilias Wright collected the posthumous award and said nothing gave Mr Grover more satisfaction than seeing residents enjoying their meals.
