An “arrogant” driver who killed an island vet after a drinking session has lost a legal bid to serve the remainder of his prison sentence in France.
Thomas Wainwright, 29, was given a 12-year jail term after being found guilty of killing Theresa Wade by driving a high powered Maserati sports car into her vehicle.
Wainwright was convicted in 2017 of causing the death of Miss Wade by dangerous driving on the A849 in Craignure, Isle of Mull, on October 28, 2015.
The High Court in Glasgow heard he had been travelling at speeds of up to 95mph just before the head-on crash.
At the point of impact he was driving at 69mph. His speed was recorded on a device fitted to the hired Maserati.
Court heard of eight-hour drinking session
The court heard Wainwright had spent eight hours in pubs on the island drinking whisky and cider before getting behind the wheel.
Jailing him for 12 years, judge John Morris KC, told Wainwright he was “arrogant” and had driven at “ridiculously excessive speeds” and had shown “no remorse”.
It emerged following the case that Wainwright was a British citizen who had spent a significant part of his life living in France.
In January 2018, Wainwright applied to the Scottish Government to be allowed to return to France to serve the remainder of his time.
A court in the French Riviera town of Grasse then approved the request. But it authorised the drink driver’s sentence sentence to be reduced to 10 years, the maximum term in the country for Wainwright’s crime.
This prompted the Scottish ministers to refuse Wainwright’s move to France.
The ministers told Wainwright that this was because he was receiving a “considerable reduction” in his term and would be freed before he would have been if he continued to serve his term in Scotland.
This prompted lawyers for Wainwright to seek a judicial review of the decision at the Court of Session, arguing his human rights had been breached.
Lawyers argued he should have been transferred
Lawyers for Wainwright argued ministers didn’t follow correct procedures in making their decision and acted unlawfully in not transferring him to France.
However, in a judgment published by the Court of Session, judge Lady Carmichael rejected the submissions made to her by Wainwright’s legal team.
Lady Carmichael wrote: “The ministers were correct to observe that a result of the adapted sentence would be the potential for Mr Wainwright to come to the United Kingdom, at liberty, at a point before the expiry of the sentence imposed by the high court, and entitled to take that into account.
“I am not satisfied that the ministers acted unlawfully by failing to have regard to any relevant consideration so far as Mr Wainwright’s rehabilitation in France is concerned, or the humanitarian considerations generally served by transfer.
“They were entitled to take into account the factors that they considered outweighed the advantages to Mr Wainwright of being rehabilitated in France.”
Ms Wade’s partner, Charles Pease, has said it is right Wainwright should be left to serve his sentence in the country where he committed the crime.
No apology
He told the Daily Record the impact this has had on her family has been very hard.
The 67-year-old said: “Wainwright has at no stage apologised for his actions, his behaviour in court was despicable by first denying liability for having caused her death despite police evidence to the contrary.
“He then tried to blame Theresa who died as a result of his actions. There is no sign of remorse and wanting to go back to France is all about him.
“The impact this has had on Theresa’s family has been very hard. He clearly doesn’t care about his victim or her loved ones and what he has done to those coming to terms with Theresa’s loss.
“Going back to France and serving out his sentence would be a waste of time. He should serve his sentence here in Scotland where he committed the crime no matter how hard it might be.
“Because no matter how difficult it is for him, for Theresa’s family, her friends and all those on the island who knew and loved her, it is so much more difficult.”
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