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Cyclist killer Gary McCourt: Crown loses appeal against 'lenient' sentence Cyclist killer Gary McCourt: Crown loses appeal against 'lenient' sentence
(35 minutes later)
The Crown Office has lost its appeal against the sentencing of a man whose driving has caused the deaths of two cyclists.The Crown Office has lost its appeal against the sentencing of a man whose driving has caused the deaths of two cyclists.
Gary McCourt was banned from driving for five years and ordered to carry out 300 hours of community service after being convicted over the second death.Gary McCourt was banned from driving for five years and ordered to carry out 300 hours of community service after being convicted over the second death.
Prosecutors said his sentence for causing the death of Audrey Fyfe, 75, in Edinburgh in 2011 was too lenient.Prosecutors said his sentence for causing the death of Audrey Fyfe, 75, in Edinburgh in 2011 was too lenient.
However, the appeal was rejected by judges in Edinburgh.However, the appeal was rejected by judges in Edinburgh.
Mrs Fyfe's daughter, Aileen Brown, said she was "lost for words" at the decision.
McCourt, 49, had previously been jailed for causing another cyclist's death by reckless driving in 1985.McCourt, 49, had previously been jailed for causing another cyclist's death by reckless driving in 1985.
Edinburgh man George Dalgity, 22, was killed while cycling along the city's Regent Road.Edinburgh man George Dalgity, 22, was killed while cycling along the city's Regent Road.
In April, a jury at Edinburgh Sheriff Court found McCourt guilty of causing Mrs Fyfe's death by careless driving.In April, a jury at Edinburgh Sheriff Court found McCourt guilty of causing Mrs Fyfe's death by careless driving.
The trial heard that McCourt told police he "clipped" Mrs Fyfe's back wheel at a junction.The trial heard that McCourt told police he "clipped" Mrs Fyfe's back wheel at a junction.
The cyclist died two days after the collision, which took place between Portobello Road and Craigentinny Avenue on 11 August 2011.The cyclist died two days after the collision, which took place between Portobello Road and Craigentinny Avenue on 11 August 2011.
Prosecutors had argued that McCourt should have been jailed and banned from driving for life for the offence.
Speaking after the appeal court judgement, Aileen Brown said: "I am lost for words.
"There was a unanimous vote in parliament earlier this month to strengthen the enforcement of road traffic law, to ensure driving offences - especially those resulting in death or injury - are treated sufficiently seriously by police, prosecutors and judges.
"The police here did an admirable job for us but the Scottish justice system appears to have had complete disregard for government policy.
"Scotland led the way in the smoking ban and minimum pricing on alcohol. The decision to allow Gary McCourt and drivers like him to drive again suggests that the judiciary are frightened to grasp the nettle and make decisions which would make our country a safer place to live."
Donald Urquhart, secretary of cycling charity CTC Scotland, said it was "neither right nor acceptable" that McCourt could be allowed to drive again in the future.
He said: "Someone who has now killed two vulnerable road users with a motor vehicle will be allowed to resume driving in a relatively short time, whilst the families and friends of those killed have been permanently affected by his criminal conduct."