A 19-YEAR-OLD driver was cleared yesterday of causing the deaths of his two friends in a car crash.
Stuart Jackson admitted driving carelessly after a jury at Kirkcaldy Sheriff Court was told by Sheriff Francis Keane that there was insufficient evidence to return a verdict of guilty of causing death by dangerous driving.
Jackson, of Oakfield Street, Kelty, was cleared of causing the deaths of 17-year-olds Ewan Harley, of Dempster Place, and Colin Nicholls, of Sunningdale Lane, both Dunfermline, on the B925 Auchtertool to Kirkcaldy road on July 27 last year.
He had denied the charge, which alleged he drove dangerously, at excessive speed, lost control on a bend whereby the car crossed to the opposite carriageway and collided with a tree and a telegraph pole, injuring both rear-seat passengers so severely they died.
Following a two-day trial, Sheriff Keane told a jury ''there is insufficient evidence upon which you could return a verdict of guilty of causing death by dangerous driving.''
Jackson immediately pleaded guilty to the lesser charge of careless driving and that was accepted by depute fiscal Azrah Yousaf.
The trial heard claims from witnesses that the crash had happened at an ''accident blackspot'' on the road, which has a 60mph speed limit.
A crash expert said a normal driver would be in trouble taking the bend at more than 62mph and a police accident investigator told the jury he estimated Jackson's speed at greater than 62mph but not more than 70mph.
He also claimed tests showed Jackson's car had slid on its side for around 36 metres before coming to rest upside down.
Jackson told the court he could not remember the accident.
Robert Stewart, now aged 18 and a garage mechanic, who had also been in the car, said the four friends had decided to pay an evening visit to Kirkcaldy and while he did not know how fast Jackson was driving, he had not being doing anything dangerous.
Defence advocate Jamie Gilchrist told Sheriff Keane that Jackson had been so badly affected by the deaths that he had not driven for almost 15 months.
Describing the case as ''a true tragedy'', Mr Gilchrist said: ''It is clear from what the accident investigators told us that he must have taken that corner too fast. There is no alternative explanation for that and he has never sought to shirk his responsibility.''
He added: ''It goes without saying, the consequences were appalling. That is a matter which Mr Jackson is the first to recognise.
''It is something he will have to cope with probably for the rest of his days. The indication from members of his family as far as his personality is concerned, is he appears to have changed considerably.''
Acknowledging the consequences of the crash on Jackson and the bereaved families, Sheriff Keane fined Jackson #400, imposed nine penalty points on his licence, and ordered him to resit the driving test.
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