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Drink-driver fled crash which left girlfriend lying seriously injured in road

Simon Gemmell's girlfriend was thrown from the car during the crash but he fled the scene before later lying to police about who had been driving.

Simon Gemmell outside Aberdeen Sheriff Court. Image: DC Thomson
Simon Gemmell outside Aberdeen Sheriff Court. Image: DC Thomson

A dangerous drink-driver who crashed his car into a wall in Peterhead town centre and then fled the scene has been spared jail.

Simon Gemmell’s girlfriend was thrown from the vehicle in the smash, leaving her with serious injuries and disfigured, Aberdeen Sheriff Court heard.

He left the crash scene but returned a short time later – and lied to police about who was the driver.

The 29-year-old denied causing serious injury by dangerous driving and attempting to pervert the course of justice but was found guilty by a jury after trial.

Jury told of serious crash

The court heard evidence from one witness that Gemmell was spotted driving too fast through Balmoor Terrace and Queen Street in Peterhead on October 29 2019.

He was then seen to lose control of the vehicle and collide with a wall and railings, causing his then-partner to be “thrown from the vehicle”.

Balmoor Terrace as you look toward Queen Street in Peterhead. Image DC Thomson/ Kath Flannery

The court heard this left her with serious injuries and permanent disfigurement.

He then left the scene himself before returning a while later and telling police that another man had been driving the car.

Already has rake of driving convictions

Returning to court to be sentenced, Gemmell’s previous convictions were revealed showing he already had careless driving, speeding and driving whilst on his phone all on his record.

Defence agent Iain Jane said that Gemmell – who has previous convictions for careless driving, speeding and driving while on his phone – had been struggling with “unresolved grief” at the time of the crash and was and is now more heavily involved in illicit substances because of that.

Simon Gemmell outside Aberdeen Sheriff Court. Image: DC Thomson

The solicitor said it was “to his credit” that Gemmell, who is unemployed, has voluntarily sought help from substance misuse support services since the accident.

“He maintains his position that was put forwards at trial and that was consistent with some of the evidence heard,” Mr Jane added.

“Mr Gemmell seems to have more of an understanding about why the jury reached their particular verdict today.

“Despite that, I could submit there’s an argument that the driving involved falls to the lower end of dangerous.

“Obviously there was excessive speed and the jury heard of him presenting under the influence.

“The driving was over a short distance and a relatively short period of time.”

Told injuries could have been worse

Sheriff Andrew Miller told Gemmell: “Your dangerous driving on this occasion, in which you lost control of the vehicle by driving at excessive speed whilst under the influence of alcohol, resulted in a significant collision which had serious consequences for your passenger.

“It could easily have had more serious consequences, especially given the evidence that your partner was ejected from the vehicle following the collision.

“Returning to the scene a short time later you essentially lied about the identity of the driver at the time of the collision.”

Gemmell, of Windmill Street, Peterhead, was handed a four-year roads ban and must resit an extended test to regain his licence.

He must also be under supervision for one year and carry out 250 hours of unpaid work during that time as an alternative to custody.

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