Scott MacNAB
A man who left a student with severe injuries after she was hit with a traffic cone he threw off a bridge yesterday escaped a jail sentence after being forgiven by his victim.
Australian national Andrew Smith, 30, was ordered to carry out 180 hours' community service for the incident last November.
He hurled the cone from the George IV Bridge in Edinburgh city centre on to Merchant Street below.
It struck Irish student Kate Flannery, 24, leaving her with a fractured skull and three broken vertebrae as well as damage to her spinal cord, which left her arms and legs paralysed for several months.
Smith pled guilty at the High Court in Edinburgh earlier this month to culpable and reckless conduct.
Sentencing him yesterday, judge Lady Dorrian said: "Your actions were stupid, thoughtless and showed a degree of immaturity for someone your age but you did not proceed with the intention to do harm."
Smith gave himself up to the authorities several days after the incident in light of widespread media coverage. The judge added: "You showed maturity and responsibility in handing yourself in to the police when you realised what had happened."
Miss Flannery, from Galway in the Republic of Ireland, has previously said she forgave Smith for her injuries.
After months of treatment she is now able to walk again and the court heard yesterday that she put the incident down to a "stupid prank". Lady Dorrian added: "She has shown great courage, fortitude and strength of character in the way she has dealt with her injuries. She and her parents have shown remarkable forgiveness."
She added that Smith had shown genuine remorse and contrition in the aftermath of the incident.
Lady Dorrian said she would not be recommending that Smith should be deported as a result of the incident.
The court had heard earlier in mitigation that Smith's parents, who had flown in from Australia for the sentencing today, were prepared to pay 30,000 Australian dollars, the equivalent of £10,000, in compensation to Miss Flannery.
But Lady Dorrian said any amount would be derisory in light of the impact on the young student, although she is still able to claim under the criminal injuries compensation scheme.
The court heard that Miss Flannery held no grievance against Smith and realised he had not intended to cause her harm, according to a statement she gave to police in the aftermath of the incident.
It was initially feared she may never walk after the incident but the post-graduate student intends to return to Edinburgh later this year to complete her course. She had been studying occupational therapy at the city's Queen Margaret University for 18 months before the accident.
Smith has not been in contact with Miss Flannery since the incident, in an effort to minimise the inconvenience to her, the court heard earlier.
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