Driver who killed road worker fixing lamppost from earlier crash has jail term cut

A driver who killed a road worker and injured four of his workmates has had his jail sentence and driving ban reduced on appeal.

Norbert Kas lost control of his BMW car moments before striking Neil Farr and other workers at Dumbarton, in West Dunbartonshire, on May 9, 2022.

Mr Farr, 59, ended up trapped under the joiner’s vehicle following the collision at the town’s Lomondgate roundabout and lost his life.

Kas, 47, of Johnstone, in Renfrewshire, admitted causing death by careless driving and was jailed for three years in September this year.

The sentencing judge, Lord Armstrong, also banned him from driving for five years and three months at the High Court in Edinburgh.

The court heard that Mr Farr and four colleagues were at the scene following an earlier collision when a Mercedes driver lost control of his car and hit a light column, which fell on impact. They were there to make the column safe.

The court heard that one motorist was aware of Kas going past on the A82 before the fatal collision with the road worker.

Advocate depute Erin Campbell said: “He negotiated the roundabout too fast for the weather conditions. As he exited, he accelerated and lost control of the vehicle which began to wobble.”

“Kas could not regain control. This resulted in the car sliding, mounting the grass verge at speed and colliding with Mr Farr and his colleagues, who were standing close to one another working on the light column,” said the prosecutor.

Following his sentencing, lawyers acting for first offender Kas lodged an appeal challenging the penalty imposed on him.

Defence counsel Allan Macleod asked judges at the High Court of Appeal in Edinburgh to reduce both the jail term and driving ban imposed on Kas.

Mr Macleod said that although there were aggravating features of the case, there were also mitigatory factors.

He said the case was aggravated by serious injury being caused to others as well as the death.

But he said Kas has demonstrated “consistent and significant remorse” and had provided assistance at the crash scene.

He said Kas was “a man who is not well”. He was diagnosed with heart failure and was assessed as permanently disabled and unable to work. He said Kas was concerned by the length of the disqualification imposed and feared that he would be effectively left housebound on his release.

Mr Macleod said he would be disproportionately affected by the length of the driving ban imposed on him

The appeal judges, Lord Doherty and Lady Wise, ruled that the jail sentence and the length of the driving band should both be reduced. The quashed the original sentence and substituted a 27 month prison term and banned him from driving for 47 months.