Driver in 'cat and mouse' car race that left two dead walks free

A driver whose “cat and mouse” race on a Scots road ended with two people dying has been given a community sentence.

Daniel Kelly, 43, engaged in “competitive driving” with Adam Smith before a head-on collision on the A713 near Patna, Ayrshire, in July 2021.

Kelly, of Irvine, Ayrshire, stood trial at the High Court in Kilmarnock earlier this year accused of causing the deaths of Mr Smith, 35, and Gary Patterson, 65, by driving dangerously.

A jury cleared him of causing the deaths of the two men, but the jurors convicted him of driving dangerously in the moments before the collision, which claimed the two men’s lives.

Kelly appeared for sentencing at the High Court in Edinburgh on Wednesday.

Defence solicitor advocate Iain McSporran KC told judge Welsh of how his client stayed at the scene in the aftermath of the fatal collision.

Mr McSporran said that Kelly was traumatised by what he had seen.

He also spoke of how the evidence and circumstances of the case meant that his client could be given a sentence other than custody.

Judge Welsh agreed and imposed a community payback order as a “direct alternative” to custody.

He ordered Kelly to perform 250 hours of community service, which has to be performed within 12 months.

Kelly was also told he’d be supervised by the authorities for 15 months. Judge Welsh told Kelly: “Your driving was dangerous. There was racing. There was competitive driving.

“In all the circumstances, I am persuaded to pass a community payback order. You will perform 250 hours of unpaid work.”

During proceedings earlier this year, Kelly, of Irvine, Ayrshire, denied causing the deaths of Mr Smith and Gary by dangerous driving.

The two men later died following the collision.

One driver told prosecutor David Dickson of how a black VW Siroccco overtook him at a blind bend on the road. He said this vehicle was followed by a silver VW Passat. He said he saw the Passat overtake the black vehicle at a speed bump ahead.

The 77-year-old told the High Court in Kilmarnock he thought the drivers were racing.

Catherine Patterson said she saw a black car head-on and a silver car in its own lane, before being hit by the former.

She was injured, and her father died. Her mother, Miriam, 65, was seriously injured.

Another witness, Robson Stirling, who was in Kelly’s Passat, was asked why his police statement said “…there had been cat and mouse up until that…”.

The 25-year-old claimed a police officer had written it.

He added: “Daniel raced the Scirocco and as the Scirocco passed, he waved at the driver.”

The jury convicted Kelly of a charge of driving dangerously. The charge to which he was convicted of states that Kelly engaged in a race in a car being driven by Mr Smtih at “excessive speed for the prevailing conditions”, overtaking when it was unsafe to do so and driving at “close proximity.. at speed”.

On Wednesday, Mr McSporran told the court that his client’s driving was “selfish” and “stupid”. He also said that Kelly assisted at the scene, and this affected his mental health.

He added: “What he saw when he went to the door of the car that day will stay with him for a long time.”

Judge Welsh also told Kelly that he will have to stay at home between 7pm and 6am for a period of nine months.