PROSECUTORS have said they will appeal against the sentence given to a driver who has killed two cyclists, claiming it was "unduly lenient".
More than 5000 people have signed a petition demanding a review of the "scandalous" sentence given to Gary McCourt.
He was found guilty in April of causing the death by careless driving of 75-year-old cyclist Audrey Fyfe in August 2011.
Following the trial the court heard McCourt had a previous conviction for causing the death of cyclist George Dalgity, 22, by reckless driving, in 1986.
The two incidents in Edinburgh happened less than a mile apart.
At sentencing at the beginning of May at Edinburgh Sheriff Court, McCourt was given a five-year driving ban, along with 300 hours' community service, by Sheriff James Scott.
Mrs Fyfe, who was not wearing a helmet at the time of the accident, died two days after the collision.
It occurred between Portobello Road and Craigentinny Avenue on August 11, 2011.
Mr Dalgity's family described the sentence as "disgusting".
His sister Ann said: "His [McCourt's] sentence back then was too lenient and it has happened all over again.
"It's just disgusting. Does this sheriff just not like cyclists and have no regard for their safety? To think that he [McCourt] could be back on the roads in five years' time is just appalling."
Reacting to the sentence, Mrs Fyfe's widower Ian said: "I feel with him having killed two cyclists already he shouldn't be allowed to drive for life and I don't think that is unreasonable.
"How many times is he going to have to kill someone before he is banned for life?"
Peter Hayman of the Cyclists' Touring Club created the online petition.
He said: "This 300 hours of community service and only a five-year ban as a sentence is scandalous and goes against the efforts to encourage cycling."
McCourt was jailed for two years after Mr Dalgity was killed as he cycled along the city's Regent Road, on October 18, 1985.
Yesterday, the Crown Office, Scotland's prosecutor, confirmed it would be appealing against the sentence imposed over the death of Mrs Fyfe.
A statement released by the Crown Office said: "In cases of a serious nature, Crown Counsel will often consider whether the sentence imposed is within the range available to the sheriff in the exercise of his or her discretion.
"Following careful consideration of the facts and circumstances of the case against Gary McCourt by Crown Counsel, we can today confirm that the Crown will be lodging an appeal against the sentence on the grounds that it was unduly lenient.
"The family of Mrs Fyfe have been kept advised of this decision and we will continue to update them as to any significant developments in the appeal process.
"Given that appeal proceedings are now live, it would not be appropriate for us to comment further at this stage."
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Nick Jedrzejewski
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