Bin lorry driver who killed boy cycling to school given unpaid work

A bin lorry driver who caused the death of a young boy who was cycling to school has been banned from driving and ordered to carry out unpaid work.

Ross Wallace was driving the large refuse truck when he struck 11-year-old Thomas Wong while pulling out at the exit of the Royal Burgess Golfing Society car park in Cramond, Edinburgh, last year.

Wallace, 29, continued to drive on following the collision but soon pulled over after hearing colleagues shouting to find the schoolboy lying on the road.

Thomas was pronounced dead at the scene after being hit by the Scania HGV as he made his way to primary school at around 8.30am on March 1 last year.

CCTV footage of the incident was played to an Edinburgh Sheriff Court hearing on Thursday.

The first clip from inside the cab showed Wallace hearing the shouts from colleagues to stop the vehicle.

The second showed the moment the child cycled across the car park exit and was struck down.

Wallace, from Prestonpans, East Lothian, was in the dock for sentencing after he had previously pled guilty to causing the death by driving without due care and attention.

The charge also stated the driver had failed to keep proper observations on the road and on repeated occasions use a mobile phone while reversing the vehicle.

Defence advocate Emma Toner told the court her client was a father of four and this was his first criminal offence.

She said Wallace has shown “very clear remorse” and that he “accepts responsibility” for causing the accident.

“If he could turn back the clock he would of course but that cannot be done,” she said.

Sheriff Alistair Noble said the driver had caused Thomas’ “tragic death” by failing to look to his left as pulled out of the car park and acknowledged the view to that side had been “restricted by foliage”.

The judge was given seven victim impact statements from the victim’s family and said: “It is clear Thomas was a much-loved child and his death has had a devastating impact on the family.”

Wallace was sentenced to carry out 133 hours of unpaid work in the community and banned from driving for 12 months.

The court was previously told internal footage from the cab of the truck had captured Wallace “using his mobile phone on numerous occasions” over the course of three hours prior to the accident.

The footage showed Wallace failing to “keep proper observations of the road ahead while driving the bin lorry” and on one occasion he was seen “using his mobile phone while reversing the HGV”.

The court heard the use of the mobile phone while Wallace was driving the NWH Group truck “occurred earlier on in the day and had no bearing on the collision”.

Prosecutor Anna Robertson said the schoolboy had been cycling on the pavement on his way to school when he approached the car park exit on the city’s Whitehouse Road.

The court heard “dashcam footage of the HGV showed the accused looking around the car park as he proceeded to exit” and was seen “to continuously look to his right as he moved forwards towards the oncoming traffic in his direction”.

Ms Robertson said: “The accused failed to make proper observations to his left and failed to account for any vulnerable road users crossing the junction and footpath.

“Having heard a noise, the accused was initially unaware that he had struck Thomas. He stopped the vehicle and discovered the deceased on the roadway.”

The court was told a subsequent collision investigation had found the speed of the bin lorry had “reduced to 7.5mph immediately prior to the point of impact with the deceased”.

The fiscal depute added: “The CCTV speed analysis shows that the driver of the Scania HGV has not reacted to the presence of Thomas and has continued driving south on Whitehouse Road.”

A police investigation found the driver had failed to “carry out visual checks prior to driving across the driveway where the deceased was cycling”.

The report also stated 11-year-old Thomas had “failed to carry out sufficient observations for vehicles which may be exiting the car park”.

Ms Robertson said: “In the opinion of the collision investigators, the accused’s lack of caution at the car park exit has led to his being unaware of the initial collision with the deceased and to the vehicle continuing its journey southwards, whereby the Scania HGV has driven over the deceased, inflicting fatal injuries.”