Diet blamed for fatal crash near Melrose
Published 6 Sep 2011 09:30
3 Comments
A MELROSE motorist claims her low calorie diet caused her to black-out moments before a crash which killed a learner driver.
Lawyers acting for Patricia Aitken want a nutrition and metabolism expert to prove that the diet could cause the loss of consciousness and fainting.
They argue it would then be up to a jury to decide whether there was criminal liability on the 55 year-old's part in the fatal crash.
Aitken is charged with driving carelessly and causing her vehicle to veer onto the opposite carriageway of the A6091 road near her home in Melrose two years ago.
She has pleaded not guilty to the charge which alleged her car collided with a car being driven by 22 year-old Suzanne Harkness, killing her and seriously injuring her driving instructor, James Egan.
Shelagh McCall QC told Friday's sitting of Jedburgh Sheriff Court: "There is no dispute that Mrs Aitken was driving and the events narrated in the charge occurred. The issue for the jury is what caused the accident and whether she attracts criminal liability.
"She had began a very low calorie diet shortly before the crash. The nature of the diet can cause the loss of consciousness and fainting and may explain this otherwise inexplicable crash."
But Mrs McCall revealed that the expert they had assigned to provide a specialist report on nutrition and metabolism had resigned due to family commitments.
She asked for an adjournment of the trial while the defence found an alternative expert and asked for dates in November and December to allow time for a report to be prepared.
Depute fiscal Mark Keane opposed the motion "given the procedural history and anxiety for the family of the deceased."
But he added that if there was an adjournment, the trial could be accommodated at the jury sitting at Selkirk Sheriff Court on September 27.
Sheriff Donald Corke said: "There is no satisfactory way forward but in the circumstances I will grant the adjournment to September 27 at Selkirk to produce the reports."
The time-bar on the case has now been extended to November 30 - 27 months after the road accident occurred.
Miss Harkness, an office worker from Galashiels, was taking part in a driving lesson when the accident occurred in August 2009. She was rushed to Borders General Hospital for treatment, but her injuries were too severe and she died a short time later.
Mr Egan, her instructor, suffered a neck injury and was transferred to a hospital offering specialist treatment in Glasgow.
This article appeared in Border Telegraph 06 Sep 11
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robert
Unregistered User
Sep 25, 15:30
Report commentThats a new one just plead guilty as you are, of killing the poor girl,and give her family some peace.
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javero
Unregistered User
Nov 19, 23:18
Report commentThanks for the comment. As a member of the family I would like to point out that she is saying she started this diet just 36 hours before the crash.
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wull
Unregistered User
Dec 29, 09:43
Report commentonly ms Aitken knows what happened that day, she did not faint, so she must know what went wrong, so ms Aitken, tell the harkness family what went on and give them some sort of consolation to suzanne and her family....
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