A motorist found guilty of causing the death of a pensioner by driving dangerously has had his conviction quashed. Richard Scott, 86, died after he was struck while standing beside his broken-down van in the Borders.
Kevin Neil was found guilty by majority of causing his death by dangerous driving and sentenced to two years. But judges at the Court of Criminal Appeal in Edinburgh said the conviction should be quashed.
Mr Neil, 44, of Hawick, had denied causing Mr Scott's death by driving dangerously and failing to keep a lookout for other road users, during a trial at the High Court in Edinburgh last year. Jailing Mr Neil, temporary judge Roger Craik QC had told him: "It does seem extraordinary that you failed to appreciate the true nature of the scene until you were virtually upon it."
The Lord Justice Clerk, Lord Gill, sitting with Lord Eassie and Lord Philip, said: "In our view this case should not have gone to the jury."