Motorist escapes jail following crash which killed Galashiels office worker

Published 6 Jan 2012 09:30 20 Comments

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A 55-YEAR-OLD woman who admitted driving carelessly and causing the death of a learner driver in the Borders has avoided a prison sentence.

Patricia Aitken was ordered to carry out 240 hours community service and given a five-year driving ban.

She had initially denied the charge, claiming a low calorie diet caused her to black out moments before the crash.

The collision - which happened on the A6091 road near Melrose on August 26, 2009 - killed Suzanne Harkness, 22, of Galashiels, who was on a driving lesson, and injured her instructor.

For more on this story, pick up a copy of next week's Border Telegraph.

This article appeared in Border Telegraph 06 Jan 12

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ohyeah86
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Jan 6, 15:05
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So after dragging it out after all this time, she finally pleads guilty. Because it was the right thing to do or because it's what she was advised to do? The right thing would have been to deal with this at the time and not try to blame it on a low calorie diet, etc. I think it's sad that this family have had to wait so long for any form of justice and unfortunately that still has not been given. My thoughts and prayers are with Suzanne's family.

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kirsty
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Jan 6, 17:26
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i have got to say im shocked at this....thats not justice... our leagal systm is all up in the air..some people got 4 months for rioting and looting..(which they should of)...yet some wone who takes someone elses life gets community service and a 5 year ban.....is that all taking a life is worth now....just so wrong....my thoughts go to Suzanne's family and freinds...

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terriann
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Jan 6, 20:15
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24o hours community service? Disgraceful! Gutted for Suzanne's family.

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Lammy66
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Jan 6, 22:26
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This is a sad day for suzannes family yes they can finally have the court case away and delt with but I have to say it's sick that a five year ban from driving and community service is a disgrace indeed she killed an innocent young girl then claims a low diet made her black out huh doubt that just her careless driving and trying to say it wasnt has causes heart ach and pain for the poor family of suzanne. If dragged out too long i feel a prison sentence would have been better than what she was given bloody sick and my thoughts and sympathy are with suzannes family and the driving instructor x what kind of justice systum do we have a complete joke!!!

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Angelguardian
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Jan 7, 00:13
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This was my cousin who was sadly taken from my aunt and cousins. The pain and emotional strain this has caused is unbearable. How can someone twist the justice system by lying about a diet causing the tragedy when her human error was at fault this will bare heavily on you woman. You in effect murdered my cousin through your error you have no shame at all but what goes around comes around your punishment will be given by God! My gorgeous cousin Suzanne! Jedburgh sheriff court how could you!

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javero
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Jan 7, 00:35
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As a member of the family I would like to point out that some of the of the worst parts were the fact that it was mentioned as a mitigating circumstance for the accused that suzanne was a learner driver. and that her solicitor wanted it be taken into consideration that she had given her guilty plea as soon as possible. where the truth is, that she strung it out for over two years, then only pleaded guilty when it was proved that her so called diet (which was a lie)had been proven not be the cause

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Disgusted
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Jan 7, 13:32
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This woman has in effect only been given a thirty day community service let off, Suzzanne's family have been dealt a life sentence . The lack of feeling and insult towards the bereaved family was so evident by this woman and her solicitor when instead of pleading guilty to her crime, they spun it out for as long as possible. She obviously has all along tried to avoid jail where she should be. The justice system at times seems to forget the VICTIM far too easily.

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sarah reid
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Jan 7, 17:36
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i am suzannes sister and we are so upset that the justice system thinks community service is justice for careless driving and causing suzannes death also dragging this out for so long and a no point at all has she tried to say sorry to us just walks into court with some of her family giving us dirty looks!!

what i will say is it has been a great comfort to us all the support people have given us thankyou

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SallyB
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Jan 7, 21:14
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I find it incredible that the cost of a childs live stands at 240 hours of community service!! What is our justice system coming too... This poor girl lost her life over 2 years ago and it has taken this long to get basically no justice at all!!! The lies about a diet were a joke and it is utterly shameful and totally disrespectful that no remorse at all has been shown and no apology to the Harkness family is indefencible, what kind of person it this that could do this terrible thing and just carry on with her life like nothing has happened and putting this poor family through all this. I am to say the least, disgusted.

My heartfelt sympathy goes to this poor family and I'm sorry that our justice system has so badly failed you!!

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wull
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Jan 8, 01:04
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Once again the legal system has let a driver get away more or less with a slap on the wrist, anybody that causes death by careless driving should be locked up, and never be allowed on the road again, i feel so sad for all the harkness family, i am sure ms Aitken didnt do this on purpose, but one has a duty of care on the road, if ms Aitken felt ill, why did she get behind the wheel,all my thoughts are with the harkness family.....

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snowy
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Jan 8, 02:35
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Its a disgrace feel so sorry for the family.Should have had alifetime BAN.And not even a sorry to the family,shocking.

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AnneMB
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Jan 8, 16:09
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How many of us, but for the lee-way of a few seconds, might be walking in the shoes of either family? And, with hindsight, how easy it is to be wise after the event! This was a terrible accident with tragic consequences - but it was NOT murder as suggested by Angelguardian. Understandably, Suzanne's family feel angry and at a huge loss, and of course much sympathy is due to them - but, would jailing Mrs Aitken really heal their wounds? By all accounts she poses no danger to the public. Further, the suggestion that she should have apologised during the trial may not have been deemed, in legal terms, an appropriate action. None of us can know how heavily the responsibility of causing the death of Suzanne weighs on her in her most private moments. We cannot afford to play a guessing game; the public do not know all the facts! For this reason we must trust the justice system to try and sentence the accused, otherwise, there is a risk that mob rule might ensue. My heart goes out to both families because neither will ever be quite the same again as they suffer their own personal life sentences

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javero
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Jan 8, 20:02
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In response to AnneMB, you are correct that the public are unaware of what has all gone on, but to put the record straight, Mrs Aitken only brought up the fact of this diet over 6 months after the incident, after all the court procedings had already started. She lied about the diet she was on, as the diet company that SHE named have said that she did not start the diet with them, the legal system were aware of this situation, and said in their words "People lie in court", plus that fact that this lie dragged out this case for well over two years, nonly changing her plea when our side had proved that her so called diet could not be used as an excuse. Taking into account the expense that all the hearings have cost the public. And these are just a few points as to why the family feel so aggrieved. Not just at the accused but also at the whole legal system which has been farcical from start to finish.

Recommend? Yes 17 No 3
AnneMB
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Jan 9, 10:05
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Thank you for responding to my comment javero!

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jobloggs
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Jan 9, 10:56
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Having read all the comments and article written about this case 'there by the grace of good go you or I', it only takes the blink of the eye, a few seconds, even a sneeze that could see anyone of us fall headlog into this kind of horrendous situation. It is a terrible horific tragedy that could have no satisfactory outcome for both sides, it was a accident careless driving. It was just a few weeks after this accident that I was driving along the same part of the road when two cars, at excessive speed, obviously racing each other, overtook on the bend with no consideration for road users on either side, thank goodness this inccident did not end tragedy. The point is that the accident in August 2009, resulting in the death of Miss Harkness was not a diliberat act of driving dangerousely but one of (like javero says 'a terrible accident with tragic consequences').

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sandy53
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Jan 10, 15:18
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we do not know all the facts this is true but i can't get my head around the sentence initially i believe this was a 300 hr community service reduced to 240 hrs! something just dosent add up.The Scottish justice system has left the Harkness family (i would imagine) feeling very bitter, angry,and disgusted.If not a jail sentence then ban her from driving for life, and a very heavy fine and community service.It makes you wonder if this had been a teenager who had caused the death of this young girl would the sentence have been very different.My thought are with this young girls family.

Recommend? Yes 7 No 1
keri
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Jan 11, 11:00
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I am absolutely devastated for the Harkness family in their loss and as a mother and sister myself, I can only begin to imagine how they must feel in these tragic circumstances. To have to have a trial dragged out for this length of time must also be horrendous. However as someone has experience of the courts and legal system, I have a couple of thoughts having read all the posts above. I have few doubts that Patricia Aitken was, at all times in public following the legal advice of her representatives. What she can be feeling in private and her feelings about causing the death of a beautiful young girl must only be known to her friends and family - I am quite sure that she is devastated and will have to live with this for the rest of her life. I am not quite sure the manner in which an apology is expected - she will have been advised not to speak to the press - would a letter from her or a knock on the door really have been appropriate? I know that myself when driving have had a couple of 'near misses' which could have had very different consequences - most of us have - to say that this tragic accident is 'murder' suggests an element of premeditation - surely noone believes that Aitken intentionally drove her car onto the other side of the road??? The reality is that noone except Mrs Aitken really knows what happened - maybe even she doesn't - and speculating as to the cause doesn't really help anyone. I just hope that everyone involved is able to begin to put a horrendous situation behind them.

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Kaz33
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Jan 11, 15:52
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While I can understand the shock and disappointment at the sentence, especially to the family and friends of Suzanne, we do not know all the facts and in fact I'm not sure if the events surrounding the accident are even known to Ms Aitken. Reports confirmed there were no excessive speed, no drink, drugs or mobile phones involved therefore like others here can only assume that it was a momentary lapse with tragic consequences. The diet was mentioned so far into the case only after the above factors were ruled out. Rather than a "lie" it seems to me that the accused was, like everyone else, looking for some way to explain how such a terrible incident came to happen. Regardless of what the courts decided, Ms Aitken was always going to have her own life sentence as I'm sure the guilt for this will never leave her.

I am not diminishing the loss to Suzanne's family, but this was not murder, it was not the same as a drunk driver, or someone using a mobile phone, it was a terrible tragic accident that anyone of us could so easily find ourselves involved in. It is a shame it has taken so long to reach a conclusion but my thoughts are with both families as I know this will have taken its toll on both sides.

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Irene56
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Jan 12, 19:13
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Like some of the other comments I believe we are all lucky that we haven't been involved in similar incidents. It is normal for people involved in accidents to suffer amnesia regarding the few minutes before an incident. Mrs Aitken must have been racking her brains trying to make sense of what happened and the idea of a possible link with the low calorie diet she was on can be backed up by a simple Google search. It is common for people to suffer dizziness and blackouts when on these diets. Unlike drivers who speed, drink, use phones etc Mrs Aitken was not driving dangerously - something which the judge was at pains to make clear. Accidents happen and nothing can be done to bring this poor girl back but vilifying the other driver is unfair - I'm sure she is going through her own personal hell each day.

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Joebloggs
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Apr 5, 22:40
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You are all so easily blaming ms aitken for this unfortunate accident. We dont know all the facts about this we have to think about both families in this ms aitken was my teacher at school and i can assure you she would NOT do this intentionally to anyone. obviously its not easy for the family but Ms Aitken has to live everyday knowing what had happened.

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