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Not proven in triple death case Family's death trio verdict fury
(about 1 hour later)
A jury has returned a not proven verdict in the case of a driver who was accused of causing the deaths of three people in a crash. Relatives of three young people killed in a road crash have condemned a not proven verdict on the driver who caused the accident in Aberdeenshire.
John Wells, 20, was instead found guilty of careless driving after trial at the High Court in Aberdeen. John Wells, 20, denied causing the deaths by dangerous driving of Stuart Johnston and Emma Foster, both 19, and 24-year-old Jonathan Gray.
Wells, from Turriff, denied causing the deaths by dangerous driving of Stuart Johnston and Emma Foster, both 19, and 24-year-old Jonathan Gray. He accepted causing the crash, but was instead found guilty of careless driving at the High Court in Aberdeen.
Ms Foster's father said: "How can they call this justice?"
The accident happened on the Turriff to Fyvie road in 2005.The accident happened on the Turriff to Fyvie road in 2005.
Wells was driving a Ford Escort when it was in collision with a Nissan Micra.Wells was driving a Ford Escort when it was in collision with a Nissan Micra.
Just engaged
Ms Foster, from Silverhillocks, Banffshire, and Mr Gray, from Aberdeen, had announced their engagement just days before the crash claimed their lives.Ms Foster, from Silverhillocks, Banffshire, and Mr Gray, from Aberdeen, had announced their engagement just days before the crash claimed their lives.
Their friend Mr Johnston, from Millbrex, in Fyvie, was driving the car they were travelling in.Their friend Mr Johnston, from Millbrex, in Fyvie, was driving the car they were travelling in.
Opposite direction
Wells was alleged to have dangerously overtaken another vehicle into the path of the Micra, causing the deaths of the three friends last November.Wells was alleged to have dangerously overtaken another vehicle into the path of the Micra, causing the deaths of the three friends last November.
The three close friends died in the two-car crash
Wells earlier told the trial he was responsible for the accident.Wells earlier told the trial he was responsible for the accident.
He said he pulled out to overtake and hit the Nissan Micra coming in the opposite direction.He said he pulled out to overtake and hit the Nissan Micra coming in the opposite direction.
He said: "I put my right hand signal on to move out, I turned the steering wheel, coming out I saw the headlights of a car.He said: "I put my right hand signal on to move out, I turned the steering wheel, coming out I saw the headlights of a car.
"By the time I broke to slow myself I saw both headlights of the car but my wheels locked and I slid across the road.""By the time I broke to slow myself I saw both headlights of the car but my wheels locked and I slid across the road."
The three friends died in the two-car crash
He said that it had been a matter of seconds between the time he started the manoeuvre and the point of impact with the Micra.He said that it had been a matter of seconds between the time he started the manoeuvre and the point of impact with the Micra.
He got out of the car and dialled 999 from his mobile phone.He got out of the car and dialled 999 from his mobile phone.
'Not gamble'
Defence counsel Norman Ritchie had asked Mr Wells: "Is your position that it was your fault in the sense that you were executing a manoeuvre and the accident happened as a result of that?"Defence counsel Norman Ritchie had asked Mr Wells: "Is your position that it was your fault in the sense that you were executing a manoeuvre and the accident happened as a result of that?"
"Yes," he said."Yes," he said.
Under cross-examination, advocate depute Drew McKenzie put it to Wells: "You were committed to an overtake and gambled in the hope you would get past, but saw a car coming and collided with it."Under cross-examination, advocate depute Drew McKenzie put it to Wells: "You were committed to an overtake and gambled in the hope you would get past, but saw a car coming and collided with it."
"I did not gamble on the overtake," Wells said."I did not gamble on the overtake," Wells said.
The crash happened on the Turriff to Fyvie road
The judge charged the jury on Thursday morning, the fourth day of the trial, and they retired at 1100 GMT to consider a verdict, which took them two hours.The judge charged the jury on Thursday morning, the fourth day of the trial, and they retired at 1100 GMT to consider a verdict, which took them two hours.
Sentence will be passed later. After the verdict, Lord Mackay told the jury: "It has been a tragic case which will have long-lasting consequences for many people."
Speaking outside the court, Ms Foster's parents Kenneth and Chris said they were deeply upset at the verdict.
Mr Foster said: "It is a miscarriage of justice. How could he [Wells] not see the lights on an open stretch of road?
"Christmas without our daughter is no good."