Kelty truck driver killed ICU nurse who was cycling to work
A judge rejected a plea to spare cannabis smoker Douglas Toshack, 51, of Station Road, a prison sentence following the fatal collision that claimed the life of James Harrison.
Lord Sandison said that a victim impact statement provided by Mr Harrison's widow was truly heartbreaking.
The judge said it reflected "the devastation caused to two young children who will never see their father again".
He told Toshack: "The cause of Mr Harrison's death was, first and foremost, your carelessness."
But during a sentencing hearing at the High Court in Edinburgh Lord Sandison pointed out that the truck driver got behind the wheel when two and a half times over the legal limit for cannabis.
Toshack admitted that he smoked the drug the night before the collision and said he had been using cannabis for 30 years.
Toshack was sentenced at the High Court in Edinburgh. (Image: Newsquest)
The first offender had earlier denied causing the death of Mr Harrison by dangerous driving in Edinburgh on June 25, 2020, during a trial.[1]
A jury convicted him of the lesser offence of causing death by careless driving and driving while over the legal limit for cannabis.
Toshack failed to pay attention at a junction on the A772 Gilmerton Road and failed to see the 36-year-old father-of-two who was cycling to work at Edinburgh Royal Infirmary.
Mr Harrison was in the opposite lane and was heard to shout "whoa, whoa, whoa" before the Mercedes flat truck driven by Toshack turned right and struck him.
Toshack's vehicle drove over him and he died later that day at his workplace. During the trial the truck driver said he hadn’t seen Mr Harrison in the moments leading up to the collision. Describing the moments following the collision, Toshack added: “I was completely bewildered. I pulled over at a safe space. "I got out to see what had happened. I saw a cyclist lying on the road. I was in a bit of shock. I phoned an ambulance straight away.” Defence solicitor advocate Euan Gosney said that what occurred that day was "absolutely tragic". He said: "The impact of the offence on Mr Harrison's family has been considerable and it is accepted that the level of harm caused is of the utmost seriousness." He said Toshack was "completely devastated" by what happened and has shown genuine remorse. Mr Gosney submitted that the court could deal with his client by imposing a community payback order and restriction of liberty order. However the judge disagreed and imposed a prison sentence. Toshack was banned from driving for eight years and told he would require to sit an extended test before obtaining a licence. Mr Harrison was a lead research nurse in cardiology and volunteered in the intensive care unit to support the response to the Covid outbreak. Professor Alex McMahon, NHS Lothian executive director of nursing, midwifery and allied healthcare professionals, said he was a "much loved and respected" team member. He said following Mr Harrison's death: "In recent months James volunteered in our intensive care unit to support the Covid-19 response, demonstrating his enduring commitment, compassion and determination to support both patients and staff."References