A teenager with cerebral palsy, whose careless driving led to the tragic death of his best friend, avoided a jail sentence on Thursday - to the fury of his victim's grieving family.
Paul Robinson's car hit an electricity pole, became airborne, and came to rest in a field, killing his front seat passenger David "Dee" Mulholland, 17, in the accident near the Quaker Oats factory on the outskirts of Cupar, Fife, in November 2008.
"Dee", an apprentice joiner, was a local hero, and had received The Society for the Protection of Life from Fire bravery award from Tayside Fire and Rescue Service in 2007 after saving a disabled woman from a burning house.
The prosecution described his death as the result of "a terrible, tragic accident" and said there were no aggravating factors such as excessive speed, or prolonged carelessness in the driving leading up to it.
At Cupar Sheriff Court, Sheriff Charlie Macnair told Robinson, now 19, that he would be haunted by David's death for as long as he lived.
He sentenced Robinson, a tyre fitter, to 120 hours community service and banned him from driving for two years. He also ordered him to resit his test before ever going back on the road.
Sheriff Macnair said: "No sentence I impose can reflect the appalling consequences of this offence, which has caused the death of a wholly innocent person and a close friend of yours, and that will be something you will have to live with for the rest of your life."
But outside court David's parents, Davie and Pauline, walked off in tears after describing the community service order as a mockery. Pauline said: "It is a miscarriage of justice. It's a travesty".
The court heard that Robinson lost control of his on the A91 Cupar to Melville Lodges Road on November 28 2008 after going to get money at a cash machine.
Prosecutor Laura Wright said it was 7pm, and dark.
She said Robinson had been driving west, and there had been a car behind him and a car being driven in the opposite direction. The driver behind saw the accused's brake lights come on and his car began to snake just before the start of a bend.
The oncoming driver saw Robinson's vehicle start to lose control, skid, and shoot across the road in front of him.He tried to avoid a collision but could not, and Robinson's car struck the electricity pole and a verge before landing in a field.
Robinson, of Bonnygate, Cupar, and David, of Springfield, Fife, were taken from the car by paramedics - but they found that David had no pulse.
Robinson, who seemed "extremely confused", told people at the scene that he did not know what had happened.
Police had ascertained that the speed of Robinson's car when it became airborne was 38 mph, but there was no evidence that he had been travelling at more than 60 mph at the time of the accident.
Robinson pleaded guilty to causing David's death by careless driving
Vikki Watt, defending, said Robinson had suffered from cerebral palsy from birth leading to problems with mobility, and driving had been one way of getting away from that.
She said: "He wishes to offer his deepest sympathy to the Mulholland family. He has been greatly affected by the loss of his friend and the guilt he feels."
The Mulholland family suffered second tragedy when David's 16-year-old cousin Natalie Mulholland was killed by a train on a level crossing just outside Springfield only eight months after he died.
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