Court told how head on crash caused death of accused's friend of 40 years
A Skye man caused the death of his close friend of more than 40 years when his overweight trailer carrying timber and concrete broke free and ploughed head on into the oncoming car.
The High Court in Inverness heard that the tragedy happened on the afternoon of May 5, 2022, on a journey south from Portree Industrial Estate on the A87, when the tow bar of 70-year-old Malcolm Murchison’s van snapped, sending the heavy trailer into the path of 65-year-old Donald Martin’s Vauxhall Corsa, which was coming from the opposite direction.
Mr Martin incurred catastrophic injuries and died at the scene, despite the attentions of an off-duty nurse and former police officer.
Murchison of Park, Bernisdale, Skeabost Bridge, pleaded guilty before Lord Lake to causing his friend’s death by carelessly driving the trailer when the load exceeded the maximum towing capacity of the van and towbar.
The charge also stated that he failed to distribute and adequately secure the load.
Advocate depute Chris MacIntosh said that it was Murchison’s responsibility to ensure the trailer was safe to be on the road.
He also told the court that Mr Martin’s family, who were not present for the hearing, did not want the family friend prosecuted.
He said: "It is their view that it was a tragic accident."
Defence counsel Shahid Latif told the judge, who deferred sentence to Glasgow High Court on May 1 for a background report to be prepared, that her client was aware of the severity of the crime.
She added: "He is acutely aware of his conduct.
"They had been at school together and he has been humbled by the magnanimity shown to him by the family."
Mr MacIntosh gave an account of the failures that contributed to Mr Martin’s death.
He said the accused was not driving at excessive speed but the load had not been properly secured with side straps, which caused it to move.
He added that the breakaway cable which would have stopped a trailer if it became detached, had not been clipped on properly.
Mr MacIntosh added: "It was looped around itself and over the top of the tow bar. If it had been properly attached, the breakaway cable could have performed its function.
"A witness driving behind the trailer saw the trailer swaying side to side and remarked: ’That guy is going to lose it.’ Then the collision happened.
"The excessive force on the swan neck of the towbar caused it to fail, it snapped and caused the trailer to cross onto the opposite carriageway. Mr Martin had no time to react."
The court heard the load weight was predominantly on the rear wheels of the trailer, creating excessive forward force which pushed the towbar towards the rear of the van and causing it to snap.
He went on to tell the judge that the trailer was capable of carrying 3,500kgs, but the towbar only had a towing capacity of 1,588kgs.
The combined weight of the van and trailer was 1,940kgs. The maximum towing weight of the van was insufficient at only 1,352kgs.
When Murchison was interviewed by police, he gave mostly no comment responses but confirmed he did not know the weight he was carrying.
Murchison’s bail was continued and Lord Lake told him that the options open to him included a community payback order and a prison sentence.
He said he would reserve his comments until after hearing from Mr Latif at the next hearing.
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