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Driver who joked about falling asleep before smashing into bikers, avoids jail

Christopher Thornton
Christopher Thornton

A driver who crashed head-on into two bikers after joking about falling asleep at the wheel has been spared a jail sentence.

Company director Christopher Thornton was banned from the road for three years after admitting driving dangerously and causing a smash which left the motorcyclists with horrific injuries.

But last night the couple whose lives he ruined said they were relieved the 36-year-old had not been sent to prison.

Thornton sent a text to his wife saying he hoped he would be able to stay awake just two hours before the accident on the A9 near Kingussie which nearly killed Malcolm Traquair and his partner Ruth Keighley.

He also sent her a picture of four cans of Starbucks doubleshot espresso coffee in his car.

Mr Traquair and Ms Keighley were at Inverness Sheriff Court yesterday as Thornton faced sentence.

Ruth Keighley was left disabled after A9 crash
Ruth Keighley was left disabled after A9 crash

They said later they were happy that Sheriff Gordon Fleetwood had not jailed the father-of-three.

Mr Traquair, a retired senior officer with Strathclyde Fire and Rescue Service, said: “We did not want to see other lives ruined and him going to jail.

“What good would it have achieved? It wouldn’t have changed anything.

“There is a ripple effect when there are accidents like this. It has changed our lives and we didn’t want it to change the lives of his wife and children.

“He has to live with the consequences of the accident for the rest of his life. That is a punishment in itself.

“An expert said it took only 1.2 seconds for his car to cross the centre white line and strike our motorbike.

“I spent 30 years with the fire brigade and escaped with barely a scratch.

“It took just over a second to ruin our retirement and all the plans we had made to travel the world.”

Mr Traquair also criticised the insurance companies who he said had made their recovery and rehabilitation more difficult.

He said: “We were lucky to have professional help but the companies really have to look at themselves and the way they deal with victims like us and their families.

“They presented so many hoops for us to go through, it was very distressing.”

At a previous hearing the court was told Thornton, of 10 Castleview Drive, Bridge Of Allan, texted his wife saying “Hopeful of staying awake” – before embarking on the journey home from a business trip to Elgin on August 23, 2013.

His counsel, advocate Barry Smith, said: “He does not know if he fell asleep at the wheel but accepts that inference can be taken.

“The text and picture were sent in jest and he regrets it with hindsight.

“He did not think he was too tired to drive and would not have set out if he thought he was unfit to drive.

“He also didn’t think for a minute that he would cause an accident. That was a grave error of judgement and he expresses genuine remorse.

“Were he to lose his liberty, it would have a terrible effect on his wife, who is a full-time teacher, and his three children.

“He earns three-quarters of the household income and his company would not be sustainable, affecting his fellow director and the small number of employees.

“He thinks about the accident and its consequences every day, requiring medication and counselling.”

Sheriff Fleetwood told Thornton: “You knew you were taking a risk because you knew you were tired.

“This offence could attract a custodial sentence but I have to balance the effect on you and more particularly on your family and your colleagues.

“It is not a reflection on the horrific injuries your victims sustained and I pass on my condolences to them.”