The case against a lorry driver whose vehicle ended up in a cemetery causing £25,000 worth of damage has been dropped.
Scott Cairns, 46, escaped with just bruising after his heavy goods vehicle went out of control at Pennyfuir near Oban.
A memorial stone was smashed and one eyewitness said the lorry’s front wheels could be seen sinking into a grave following the crash on April 3 last year.
The case against Mr Cairns, of Heathcliffe, Station Road, Arisaig, was due to call at Oban Sheriff Court yesterday.
But it was dropped due to an “insufficiency of evidence”.
The HGV was travelling towards Oban on the A85 from Perth carrying pallets of fish bait when the accident happened.
Three charges against Mr Cairns were dropped. It had been alleged that he drove without due care and attention, failed to keep his vehicle under control, causing it to leave the carriageway, cross the public footpath, collide with a wall, enter Pennyfuir Cemetery and jack-knife on the road, causing damage to the cemetery wall and stonework within.
He was also accused of driving the lorry for periods exceeding four and a half hours without taking a break of at least 45 minutes on two occasions on March 6 2015 and March 18 2015, five hours 19 minutes and six hours 41 minutes respectively.
The cemetery is maintained by Argyll and Bute Council, which confirmed that two lairs were damaged and had to be re-turfed. Fencing was damaged as was a large section of the ornamental perimeter wall.
A council spokesman said: “The damage caused is in the region of £25,000. We are seeking to recover these costs from the lorry’s insurance.”
Roddy McCuish, Lead Councillor for Oban Lorn and the Isles, said: “The fact that this has been dropped disappoints me. This could have been an absolute tragedy as people use that section of pathway to walk to the cemetery on a regular basis.
“In monetary terms the council will have to pursue the full cost of this from the lorry’s insurance.
“Thankfully and luckily no-one was hurt.”
Among those laid to rest in the cemetery are Lady Frances Shand-Kydd (1936-2004), the mother of the late Diana, Princes of Wales. There are 81 graves from both world wars.
