An Aberdeen bus driver accused of deliberately driving over an elderly passenger has characterised the incident as “a freak accident”.
First Bus driver Allan Thomson is on trial at Aberdeen Sheriff Court facing charges that he repeatedly assaulted 74-year-old Michael McFadyen before dragging him off the vehicle and “knowingly” driving over him as he lay in the road.
Mr McFadyen’s leg – which one witnesses described as “hanging off” after the incident in Dyce – had to be amputated by medics.
Thomson, 64, is facing one charge of assaulting Mr McFadyen by repeatedly pushing him to the ground, forcing him to the floor of his bus before dragging him along the floor and punching him to the head and body.
He also faces an additional charge of dangerous driving by knowingly driving over Mr McFadyen, which was to the pensioner’s severe injury, permanent impairment, permanent disfigurement and to the danger to his life.
Thomson, of Kirkwall Avenue, Aberdeen, denies both charges.
‘That’s just the rules’
Today, as Thomson gave evidence from the witness box, he quoted from an account he’d written up following the incident on the evening of October 23 2018.
It outlined a violent altercation between the two men before turning to the subject of the bus driving over Mr McFadyen as he lay on Asda Dyce Delivery Road, on Riverview Drive.
Thomson – who said he was not working at the moment – claimed that he “did not drive over the man deliberately,” and went on to describe it as “a freak accident”.
Mr McFadyen had boarded the bus in Aberdeen but had fallen asleep and missed his stop.
The pensioner claimed that bus drivers would often take him back as the bus had to be returned to the depot using the same route.
Asked by his defence solicitor David Sutherland why he didn’t just give Mr McFadyen a lift back, Thomson said: “Once the bus terminates at the back of Asda it has to be empty.”
“Why?” the solicitor asked.
“That’s just the rules,” he said.
Mr Sutherland then asked Thomson if he had “lost control” when dealing with Mr McFadyen that night.
“No not at all,” the bus driver said.
“Did you know Mr McFadyen was in front of the bus when you drove off?” Mr Sutherland asked.
“No, I did not,” Thomson replied, adding: “I would never have driven away if I had known he was in front of the bus.”
Prosecutor says bus driver showed ‘utter indifference’ towards elderly passenger
During his final speech to the jury, fiscal depute David Rogers described Thomson as having shown “utter indifference” to the safety of Mr McFadyen that evening.
He said Thomson knew Mr McFadyen was on the ground because “he was the one who put him on the ground”.
“The accused gets back into the driver’s cab without carrying out any checks to see where the complainer was,” Mr Rogers stated
“By his own admission, he knew that Mr McFadyen was too close to the bus – he did not check to see where the complainer was and just drove off.”
During the defence speech, Mr Sutherland told jurors that “it is essential to the Crown case that Mr Thomson knew Mr McFadyen was lying under the bus”.
He added: “I put it to you that the Crown has not proven that part of its case.
“The Crown evidence is not good enough for you to convict Mr Thomson and I urge you to acquit him.”
Sheriff Andrew Miller will now give his full legal direction to the jury before they retire to consider their verdict tomorrow.
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