Driver caused death of friend of 40 years after detached trailer hit car
A man who has been 'humbled' by the kindness shown to him by the family of a friend whose death he caused by driving carelessly has avoided a prison sentence.
Malcolm Murchison, 70, had been driving on the A87 near Portree in Skye on May 5, 2022 when he caused the death of Donald 'Donnie' Martin.
The High Court in Edinburgh heard how Murchison was driving a van with an excessive and unsecured load that caused a trailer to become detached and cross into the opposing carriageway.
It then collided with a car being driven by Mr Martin, a much-loved chiefain of shinty club Skye Camanacd and a friend of the accused for 'many decades'.
Mr Martin died at the scene and Murchison had to break the news of the death to his family.
On Wednesday, Murchison – who pleaded guilty to a charge of causing death by careless driving earlier this year – appeared for sentencing in Edinburgh.
Defence solicitor advocate Shahid Latif asked Lord Lake to exercise leniency, saying that his client had experienced 'guilt' and 'shame' for his actions.
He said that Murchison was struggling to come to terms with what he had done.
Passing sentence, Lord Lake decided the circumstances of the offence meant that he could impose a non custodial sentence on Murchison.
Ordering him to perform 134 hours of unpaid community work, Lord Lake paid tribute to Mr Martin's family.
He told the first offender: 'You have accepted responsibility for your actions.
'It is highly significant that you broke the news of Mr Martin's death to his family.
'It is a sign of how remarkable Mr Martin's family have been in their response to these events.
'They have provided you with support to help you cope with what has happened.'
At the time of Mr Martin's death, Skye Camanachd paid tribute to their chieftain by issuing a statement. It said: 'No one individual has made a bigger contribution to Skye Camanachd.'
The club praised Mr Martin, writing that his loss to the club is 'simply immeasurable'
Murchison was originally charged with causing death by dangerous driving but pleaded guilty to an amended charge earlier this year at a hearing at the High Court in Inverness.
On that occasion, the court heard that Mr Martin's relatives did not want Murchison to be prosecuted. They did not attend court.
Prosecutor Chris MacIntosh told Lord Lake that it was around 2.50pm when the incident occurred.
He said: 'The accused was driving a van, which was towing a trailer.
'The trailer was overloaded.
'On the A87 the overloading caused the towbar to break. The trailer then became loose and the breakaway cable did not operate to apply its brakes.
'The trailer entered into the opposing carriageway and collided with an oncoming car driven by Donald Martin.
'Mr Martin suffered fatal injuries as a result of the collision and died at the scene.'
The court heard that the weight being towed at the time of the collision was 1,940kg but the maximum towing capacity of the Volkswagen Caddy being driven by Murchison was 1,325kg and that of the fitted towbar was 1,588kg – meaning that the weight exceeded the towing capacity of both.
Mr MacIntosh said: 'Following the detachment, the trailer still had forward momentum. It continued travelling north and entered the southbound lane where it collided with the oncoming Vauxhall Corsa driven by Mr Martin.
'Mr Martin had no time to react before the collision occurred.'
At the scene of the accident, Murchison told witnesses, 'My mate Donnie is in there.'
Mr Martin was pronounced dead at the scene.
An investigation determined Murchison had not been driving at excessive speed.
'It would have been obvious to a competent and careful driver that driving the van and trailer in that state of overload would be unsafe,' the advocate depute told the court. He added that investigators believed 'driving the vehicle in such a state would have affected its handing'.
The court heard that Murchison and Mr Martin, 65, had been friends for more than 40 years.
Mr McIntosh told Lord Lake: 'There are no victim impact statements and the next of kin have indicated that they did not wish to attend court today.
'Their view was that this was a tragic accident and they did not want a prosecution of the accused who remains a close friend of the family.'
On Thursday, Mr Latif told the court that his client had expressed remorse for his actions and was struck by the support given to him by Mr Martin's family.
He added: 'I once again start today's proceedings by reiterating that the accused is humbled by the magnanimity shown to him by Mr Martin's family.
'He continues to struggle to come to terms with what has happened.
'He continues to show guilt and remorse for his actions. He has accepted responsibility for what has happened.'
Lord Lake also imposed a driving ban on Murchison for two years and eight months.
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