Unpaid work and driving ban for Moray man who left girl (9) with life-changing injuries
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A MORAY man has been given unpaid work and banned from driving after causing a crash that left a nine-year-old girl with life-changing injuries.
The youngster suffered multiple fractures, serious head injuries and a punctured lung as a result of a three-vehicle collision which occurred between Dufftown and Craigellachie on February 23, 2020.
Inverness Sheriff Court was told that doctors who treated her estimated an 18-month recovery time.
Kieran MacPherson, of High Street, Aberlour, appeared before Sheriff Sara Matheson and admitted causing serious injury to the girl and her father, who cannot be named for legal reasons, by driving dangerously.
He was overtaking while going around a bend, before losing control and crashing into a Nissan Juke, driven by the girl's father. The three occupants of a third car involved – an Audi – suffered extensive bruising.
MacPherson appeared for sentence after it had been deferred for a background report. Sheriff Matheson said: "You should be in no doubt that you are never closer to going to jail as you are now.
"It is only because you have shown insight into what you have done, your age and your lack of record that you are not. This case perfectly portrays that a car can be a deadly weapon."
MacPherson was told to perform 270 hours of unpaid community work, and was banned from driving for three years.
Fiscal depute Susan Love said that MacPherson's sporty Fiat Abarth drove along the A941 at excessive speed for the road and performed an overtake on the father's SUV on a bend.
"He pulled away from him (the father) too fast," Ms Love said. "No braking was observed. Multiple witnesses recall seeing his vehicle as being out of control as it rounded the bend and came towards them sideways."
The court heard that MacPherson collided with an Audi coming in the opposite direction which rotated on the road and hit the father and daughter's car.
"The accused's vehicle came to rest facing north, partly on the grass verge and southbound carriageway, approximately 100 metres north of the others," Ms Love went on. "He appeared to be uninjured."
The nine-year-old, who was wearing a seat belt but not in a car seat, was unconscious and was taken to Dr Gray's hospital in Elgin and later transferred to Edinburgh by helimed because of her life-threatening injuries.
All others were able to get out of the vehicles themselves, Sheriff Matheson was told. The road was closed for 12 hours.
Ms Love added that the young girl suffered a major head injury, a punctured lung, a lacerated liver, and fractures to her spine, shoulder, leg and collarbone. Her father suffered a spinal fracture and muscle damage to his left shoulder.
Defending MacPherson, solicitor David Patterson said: "He thought the overtake was safe and found himself in a situation where he put his foot down rather than hit the brake which is what he should have done.
"It is something that has scared him. He made a fatal error and he recognises it had dreadful consequences. He is absolutely gutted, not for himself but the damage he has caused to the father and daughter."
