Tim BuglerA speeding driver who killed a pedestrian who was walking home from the pub has been sentenced to four years in prison.
Raymond Munro – convicted on the evidence of his car’s own on-board diagnostics system – was told by a judge that the fact he had seven previous motoring convictions demonstrated “a wilful disregard for the rules of the road”.
Munro’s partner’s VW Golf type R, which Munro was driving, was recorded to have reached a speed of 91 miles an hour on the Kingsway dual carriageway in East Kilbride.
Munro failed to notice David McCallum was crossing and ploughed into him.
Mr McCallum, 50, who had recently left the nearby Village Inn, was thrown into the air.
The High Court in Stirling heard his injuries were “catastrophic” and would have been instantly fatal.
Munro, 43, a father-of-two, of Uddingston, Lanarkshire, denied causing Mr McCallum’s death by driving dangerously, in excess of the speed limit, and failing to keep a proper look-out.
The incident occurred about 8.50pm on September 23, 2022.
Last month, after a trial that lasted more than two weeks, jurors found him guilty of the charge.
He appeared for sentence on Wednesday.
Judge Lord Stuart banned him from driving for eight years in addition to the four year prison term..
At his trial, Munro opted not to give evidence, but in comments to a police officer and a paramedic at the scene, he claimed he had been doing “approximately 50” in the outside lane, and was overtaking other vehicles when there was a bang, and his windscreen came in.
The paramedic, Rebekah McLoughlin, added: “He said he couldn’t believe what happened.”
The jury heard that the speed at impact of the car he was driving was logged by a sensor behind the VW badge on the bonnet of the four-wheel-drive, 290 brake horsepower white Golf.
The data was downloaded by a VW technician, brought in by the police.
Cameras at a nearby BP garage caught the “traumatic” accident on CCTV.
Munro, a panel-beater who had spent days fixing up the almost-new VW in his boss’s garage just before the collision, hung his head as the footage was played.
The court heard that the road was well-lit, subject to a 50mph limit, and the visibility was good.
Although Munro should have had a “clear, unobstructed view” of Mr McCallum crossing, there was no evidence that he had braked before hitting him.
A pathologist said Mr McCallum sustained injuries “at the extreme end” of what would be expected in a pedestrian, and would have been caused by a high-velocity impact.
The court heard that after the accident Munro passed a breathalyser – reading zero for alcohol – but failed a roadside test for cocaine. However, the Crown did not allege his driving was impaired by this, and no post-incident blood test was carried out to determine his actual level of cocaine.
The court heard he had seven previous motoring convictions, including three for speeding and one for careless driving.
Solicitor-advocate Marco Guarino, for Munro, told the sentencing hearing: “His position has always been that he accelerated to accomplish an overtaking manoeuvre and was moving back in when the collision occurred.
However, Lord Stuart said: “The court acknowledges it was an inappropriate place to cross the road given the proximity of an underpass and a central barrier seeking to deter pedestrians crossing.”
He described Mr McCallum as “much loved” after reading victim impact statements from five members of his family.
He told McCallum, who showed no emotion, he had read a justice social work report and a psychological report lodged on his behalf.
He said: “The focus of your stated concerns appears to be much more on yourself and seeking to attribute blame to Mr McCallum for the collision.”
After Mr McCallum’s death, his family paid tribute to the James Bond fan, father of two.
His son said on social media his dad was “the greatest man I will ever know”.
His daughter wrote, “For those of you who knew my dad or even have heard the millions of stories I’ve told of him will know he was the most sincere and caring man ever.”
For his funeral at South Lanarkshire Crematorium, the family asked mourners to wear bow ties “in memory of David and his love of 007”.
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