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  4. Lawyer acquitted of causing death despite careless driving verdict

Lawyer acquitted of causing death despite careless driving verdict

5th February 2016 | criminal law

A solicitor advocate has been acquitted by a jury of causing death by careless driving, but convicted of careless driving arising from the same incident, in a verdict a victim's family has described as "illogical and irrational".

Andrew Houston, of Edinburgh firm McSporrans solicitors, lost his wife and seven year old daughter in the crash on the A9 near Newtonmore in July 2013, which also killed Dr Mohammad Hayajneh, a German tourist who was travelling in an oncoming car.

The trial, in Inverness sheriff court, had heard that Mr Houston's car had strayed onto the wrong side of the road, where it was involved in a head-on collision. Defence counsel Frances McMenamin QC had argued that Mr Houston had tried to get back to the correct lane at the last moment before the impact.

Mr Houston was fined £1,000 and disqualified for a year by Sheriff David Sutherland after the careless driving verdict, which the jury took two hours and 20 minutes to reach. Ms McMenamin told the court that Mr Houston would always cary the burden of the loss of the lives.

In a statement Dr Hayajneh's widow and son said they were "shocked" at the verdict and believed that justice had not been done. They did not feel hatred towards Mr Houston, but all the evidence suggested he was guilty and the verdict was "irrational and illogical".

They will now pursue a civil action.

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