Forum menu
Sent round on an email at my work:
"Dear all,
My good friend's 75 year old mother was tragically killed on her bike while cycling home from shopping (she regularly cycled 100 miles per week).
The driver who hit her was recently found guilty of causing death by careless driving and was give a very lenient sentence (a 5 year ban from driving). This was very surprising because he had been previously convicted and imprisoned for causing the death of a cyclist by dangerous driving. My friend and her family are campaigning to get the sentence increased to being banned from driving for life so he doesn't do it again.
Please take a couple of minutes to sign this petition that has been set up by the CTC.
This is the recent news coverage if you are interested.
http://local.stv.tv/edinburgh/225213-family-of-audrey-fyfe-lodge-complaint-against-drivers-sentence/
Thanks a lot!"
Done. Worthwhile spending a minute filling it out.
Done
Doubtful it'll make any difference, but signed.
Also done. Shameful sentencing and shameful attempt to shift blame to the victim by bringing up the helmet issue.
Thank you Ben......for taking part.
You are one of 4525 people who have written to the Lord Advocate.
Signed.
Done.
Do you think it's only "cyclists" who see this sentence as shamefully lenient?
Done.
4547
Might make a difference. Email from Kenny MacAskill (local MSP) says they're already considering it:
Thank you for writing to me. I understand and share your concerns. I am constrained in what I can say given I am also the Justice Secretary and need to respect Judicial independence. However, I was surprised at the sentence and welcome the Crown considering an appeal. Whether they appeal is a matter for the Crown Office and Procurator Fiscal Service but I do know the Lord Advocate shares my concerns having spoken to him. Ultimately it would be for the Appeal Court to decide but that is why they exist to address miscarriages of justice and sentences whether excessively harsh or lenient.
I know the Sheriff didn’t blame Mrs Fyfe as such but I do think the comments regarding wearing a helmet are both wrong and irrelevant. They also send out the wrong message regarding road safety.
This matter has raised many issues from sentencing through to road safety. Some are justice others transport, some reserved and others devolved, some legislative and others cultural but action does need taken across the spectrum. I can assure you that matters are being considered across the board and I do expect action to be taken.
The Scottish Government is committed to not just supporting but growing cycling. I’ll see how I ma placed on the 19th but it will depend on ministerial commitments.
Kenny MacAskill
Done
done.
a lifetime driving ban doesn't mean he'll not do it again, just means he can't leagally drive, and that rarely stops people from driving though. life imprisionment would be a better sentance.
Done, and forwarded to colleagues
Top notch reply there from Kenny MacAskill - if only it was always like that!
Done. 4572
Done.
Done
Done.
4588
Thank you Steve...
...for taking part.
You are one of 4588 people who have written to the Lord Advocate.
How can I be the same number as Stoner???
Done.
theyre just humouring you stevie. Your letter doesnt actually get counted for obvious reasons.
Done
Done, 4617
mine failed to go twice but sorted in the end; over 4600 now
Is it because it's about cyclists ? 😥Your letter doesnt actually get counted for obvious reasons.
Done
All done
Done.
Done and shared on facebook
Done.........and so should he be.
4690.........Good luck.
Done.
wonder if we all will get the same reply?
4796
For those who didn't sign up, there's an update:
[i]Today CTC and the Fyfe family were notified that the Crown Counsel in Edinburgh has appealed McCourt’s sentence. The family are delighted that the Crown Counsel made the right decision and are overwhelmed by the level of support shown by the public.
Only a handful of sentences are appealed in Scotland each year. Thank you for helping make this one of them.
Your email to the Lord Advocate was one of 6010 that were sent in support of an appeal. This enormous response has never been seen before by CTC and we believe contributed significantly to the Crown Counsel’s decision. Thank you so much for your support.
The appeal has now been sent to the High Court of the Justiciary who will receive a report from Sheriff James Scott within the next 8 weeks explaining why he thought 300 hours of community service and a five year driving ban was an appropriate sentence for a double-killer driver. The High Court will make their decision whether the sentence should be changed or not in the autumn. CTC and the Fyfe family hope McCourt is given a lifetime driving ban. We will keep you updated on the High Court’s decision.
This case clearly demonstrates the need to maintain pressure on the legal system to take bad driving seriously in order to protect the lives of vulnerable road users.
Today's result coincides with preparations for the launch of a national campaign from CTC called ‘Road Justice’ to continue campaigning for a more appropriate and effective response to bad driving. Go to www.roadjustice.org.uk to find out more. [/i]
Got that email this morning too, pleasantly surprised that the case is being reviewed and will be interested to hear the outcome.
Update, although I guess all who signed will have received this.
Date set for appeal of Gary McCourt's lenient sentence
The driver who killed Audrey Fyfe, Gary McCourt, will have the appeal of his lenient sentence heard on the 6th August, the Crown Office has announced.
The appeal will be heard in front of 2 or 3 judges at the High Court, in the Lawnmarket, Edinburgh. It will be open to the public and CTC will be attending. The judges will make their decisions based on reports submitted by the Crown Office and the Sheriff who sentenced McCourt originally; research leading up to the hearing; the trial transcripts and representations made by the Crown Office and a defence advocate at the hearing.
If two judges agree that the sentence was unduly lenient a new sentence will be imposed. The decision might be made on the day of the appeal, though the judges can take longer to decide.
49-year-old McCourt’s 'careless' driving was responsible for Audrey’s death in Edinburgh in August 2011 – the second cyclist he has killed. The first, George Dalgity, was killed by his 'reckless' driving in 1985. At that time he had only a provisional licence and no insurance, he was driving without L-plates or supervision, and left the scene of the crime.
Following his conviction on 3 May for the killing of Audrey Fyfe, he was given a 5 year driving ban and 300 hours of community service, prompting over 6,000 people to respond to a campaign set up by CTC and the Fyfe family, supported by George Dalgity's sister Ann.
Thanks once again for helping put pressure on the Crown Office to appeal this sentence.