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Gary McCourt sentenced for cyclist death crash in Edinburgh Cyclist killer Gary McCourt sentence 'scandalous'
(about 1 hour later)
A driver whose careless driving caused the death of a cyclist in Edinburgh has been ordered to carry out 300 hours of community service. A motorist who caused the death of a cyclist has been banned from driving for five years.
Gary McCourt, 49, from Edinburgh, was found guilty last month of killing Audrey Fyfe, 75, in August 2011.Gary McCourt, 49, from Edinburgh, was found guilty last month of killing Audrey Fyfe, 75, in August 2011.
Edinburgh Sheriff Court had heard how McCourt admitted to police he had "clipped" her back wheel at a junction. The Cyclists Touring Club branded his punishment "scandalous", while prosecutors are considering whether the sentence was too lenient.
McCourt had previously been found guilty in 1986 of causing another cyclist's death by reckless driving. McCourt was found guilty in 1986 of causing another cyclist's death by reckless driving.
He was jailed for two years after cyclist George Dalgity, 22, a student from Edinburgh, was killed while he cycled along the city's Regent Road on 18 October 1985. Edinburgh Sheriff Court had heard how McCourt, who was also ordered to carry out 300 hours of community service, told police he "clipped" Mrs Fyfe's back wheel at a junction.
A spokesman for the Crown Office said it would "give careful consideration as to whether the sentence was unduly lenient". The cyclist, who was not wearing a helmet at the time, died two days after the collision, between Portobello Road and Craigentinny Avenue on 11 August, 2011.
Mrs Fyfe died from her injuries two days after being injured in a collision, which took place between Portobello Road and Craigentinny Avenue on 11 August 2011. Reacting to the sentence, Mrs Fyfe's widower, Ian, told BBC Scotland: "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.
McCourt was also banned from driving for five years however, his victim's family felt he should have been banned for life.
Ian Fyfe, Mrs Fyfe's widower, told BBC Scotland: "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?"How many times is he going to have to kill someone before he is banned for life?
"Nothing would focus drivers' actions more than knowing that he had been given a lifetime ban." Sheriff James Scott spared McCourt a prison because there were no aggravating factors, such as drink or drug abuse.
The former member of the Cyclists Touring Club, from Edinburgh, had not been wearing a helmet at the time of the incident. He said the collision between McCourt and Mrs Fyfe was caused because he had "momentarily" lost concentration, adding: "I take into account that the accused has repeatedly expressed genuine remorse for causing the death of Mrs Fyfe.
'Genuine remorse' "I take into account that the accused has been ill and has suffered from depression and that he displays signs of post-traumatic stress disorder."
Sheriff James Scott said he felt able to spare McCourt prison because there were no aggravating factors, such as drink or drug abuse. The sheriff said Mrs Fyffe "wasn't to blame in any way for the accident", but added: "She was not wearing a safety helmet and that in my view contributed to her death."
He said the collision between McCourt and Mrs Fyfe was caused because he had "momentarily" lost concentration. A spokesman for the Crown Office said it would "give careful consideration as to whether the sentence was unduly lenient".
Sheriff Scott said: "I take into account that the accused has repeatedly expressed genuine remorse for causing the death of Mrs Fyfe. Peter Hayman, of the CTC, added: "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."
"I take into account that the accused has been ill and has suffered from depression and that he displays signs of post-traumatic stress disorder. McCourt was jailed for two years after 22-year-old Edinburgh man George Dalgity was killed as he cycled along the city's Regent Road, on 18 October 1985.
"Mrs Fyffe wasn't to blame in any way for the accident.
"However, she was not wearing a safety helmet and that in my view contributed to her death."