OAP, 80, appealing sentence after knocking down two bikers while driving himself to hospital

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A pensioner who seriously injured two bikers in a Dundee road smash is appealing his conviction.

William Scott, 80, knocked down the two men on the city’s Riverside Drive on June 28 2013 as he tried to drive to the city’s Ninewells Hospital after falling ill.

He was found guilty of causing the crash at Dundee Sheriff Court and was banned from driving for 10 years and fined £1,000.

Scott is now appealing his conviction and sentence at the Court of Appeal in Edinburgh on the grounds that a sheriff refused to allow a doctor to give evidence at his trial.

The appeal will also focus on the sheriff’s decision to withdraw a special defence of automatism, which argued that the pensioner was not aware of his actions at the time of the collision.

A procedural hearing will take place at the Court of Appeal on May 6.

A trial at Dundee Sheriff Court last year heard Scott first crossed on to the wrong side of the road before smashing into Scott Brown’s motorcycle.

He then failed to stop and pushed Mr Brown and his bike backwards into a second rider, George O’Donnell.

Both bikes and riders were then knocked to the ground, sustaining serious injuries.

Scott continued to drive on before mounting the pavement on the wrong side of the road.

Both bikers were hospitalised as a result of the crash but are understood to have made full recoveries.

Scott, of Blalowan Park, Cupar, pleaded not guilty on indictment to a charge of dangerous driving.

He maintained his denial of causing the crash throughout his trial, but a jury took less than 20 minutes to find him guilty.

Defence advocate David Moggach had argued that it was “beyond dispute” that Scott was attempting to convey himself to Ninewells at the time of the smash.

He said: “He was ill and taking himself to the hospital.

“I’d suggest his condition at the time did contribute to the incident.

“His recollection of it is vague in the extreme.”

Sheriff Elizabeth Munro fined Scott £1,000 and banned him from driving for 10 years.

She said: “It is relatively unusual to impose a fine in this kind of case but this is an unusual case in all the circumstances.”

Appeals against conviction in Scotland are normally heard by three judges and can be lodged on the basis that there has been a miscarriage of justice or because fresh evidence has become available that was not available at the time of a trial.

An appeal against sentence may be brought on the basis that the sentence imposed was excessive.

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