Rail worker ran over and caused the death of man lying in the street

Sentence deferred: McAlear will learn his punishment in July.

The family of a man killed when a rail worker ran over him say they now have a "bit of justice".

James McAlear, 61, was returning home from a nightshift when he was not paying attention to the road and his Network Rail Vauxhall van ran over Stephen Hendry.

The 23-year-old had been on a night out and was lying on Caledonia Road in Glasgow's Gorbals area.

After a trial at Glasgow Sheriff Court, McAlear was found guilty by majority of causing the death of Mr Hendry by driving without due care or attention or without reasonable consideration for other road users and failing to see him lying on the road, and driving over his body.

After the verdict Mr Hendry’s mother Maureen said the family now have a "wee bit of justice". Another said they felt "relief".

Antony Welsh, Mr Hendry's cousin, said: "To be honest I don't know what words to say. It's a bit of closure and lets us move on."

During the trial the court heard from PC Andrew King, a road traffic police officer who attended the scene. He took a statement from McAlear, of Cambuslang, South Lanarkshire, shortly after the incident.

Solicitor advocate Liam O'Donnell, defending, asked: "What condition would you say Mr McAlear was in when you spoke to him?"

The witness replied: "Surprisingly normal."

He said: "Given the circumstances my own feeling was he didn't pay much mind."

PC King was asked to read out the statement he took from McAlear on the morning of the incident. The court heard McAlear had been returning from his job in Bishopton and had been driving along Caledonia Road. He told the officer the weather was fine and that the street lights were on.

He said: "By the time I had seen him I just couldn’t do anything. I saw him lying there in lane one at an angle, belly down with his head pointing towards the opposite side of Caledonia Road.

"When I first saw him he was just a couple of yards in front of me. I couldn't do anything by the time I realised it was a body.

"It was too late; I couldn't swerve or anything.”

During his evidence, McAlear told the jury he was a "careful driver" and was paying attention that morning. He also said he was "devastated" that he had caused Mr Hendry's death.

Sentence was deferred until July by Sheriff Kenneth Mitchell and McAlear's bail was continued.

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