Elgin man responsible for death of father of two banned from driving for 20 months
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A MAN from Elgin who caused the death of a 44-year-old father has been banned from the roads for 20 months and fined.
Inverness Sheriff Court heard that a "momentary loss of concentration led to a family paying an unbelievable price" after Paul Fairbairn was killed when a van drove into his path while he was on his motorcycle.
Sheriff Sara Matheson expressed her sympathy to the family of Mr Fairbairn before she sentenced the man responsible for the death - Gary Lowe (56) of Barmuckity, Elgin.
Sheriff Matheson referred to a victim impact statement from Mr Fairbairn's wife which the Sheriff described as "heartbreaking."
She said that Mr Fairbairn was obviously "a much loved individual" and she added: "Nothing I can do will bring him back."
The Sheriff told first offender Lowe: "You did not set out to kill him." She went on to say that he was driving at an appropriate speed and was not under the influence of anything but his momentary lapse of concentration had devastating consequences for a wife and children.
The daylight collision happened on the Elgin to Rothes A941 road at Fogwatt on June 8, 2021 as Lowe drove his Citroen Berlingo southbound.
Coming in the opposite direction in the early morning was 44-year-old father of two Paul Fairbairn, a carpenter and an experienced motorcyclist like Lowe.
He was on his Suzuki bike being followed by another car, and with Lowe and Mr Fairbairn travelling within the 60mph speed limit, fiscal depute Niall Macdonald told Sheriff Matheson.
Mr Macdonald said: "The accused signalled his intention to turn right into a junction. A witness anticipated that the accused and she would wait for those vehicles to pass before turning."
The court heard that Mr Fairbairn's position on the road meant he should have been easily seen but Lowe turned into his path.
Mr Macdonald said: "An eye witness saw Mr Fairbairn pass over the van before landing between the verge and the middle of the road. Mr Fairbairn had attempted to stop his motorcycle, using emergency braking. The front collided with the corner of the van, causing Paul Fairbairn to be projected over the handlebars, striking the nearside of the van, windscreen, and passing over the roof."
Mr Macdonald added that Mr Fairbairn was taken by ambulance to Dr Gray's Hospital in Elgin where he underwent life-saving procedures but he died a short time after the collision from brain injuries and multiple fractures.
He added: "The accused approached a police officer at the scene and stated that he did not know what happened and that he had not seen the motorcycle and he did not know why."
Lowe admitted causing death by careless driving.
His lawyer, Stephen Carty said: "He has a level of contrition and regret and he has not tried to minimise the impact this has had on everyone else. Whatever the effect on him is inconsequential.
"He has not been able to face driving a vehicle since this incident."
Sheriff Matheson fined Lowe £2000 and banned him from driving for 20 months. He was also ordered to pay a victim surcharge of £2075.
