The family of a biker killed by a driver high on cocaine last year have said the justice system has failed them, and there should be lengthier sentences for road traffic accidents.
Allan Nicholson, 24, was thrown from his motorbike on the A725 East Kilbride Expressway on November 10 after colliding headfirst with a Ford Mondeo driving on the wrong side of the busy stretch.
The driver of the car, William McLean, admitted on Wednesday to snorting give lines of cocaine just five hours before getting behind the wheel.
But the 35-year-old killer’s sentence has been deferred until the end of August, because his daughter will start school next week and ‘that is a milestone in her life, and he would like to be there."
The family have spoken for the first time following the court session and say the justice system has failed them.
“We as a family believe that these types of offences do not carry lengthy enough sentences, and the bail and remand laws throughout this process have failed us dramatically and done nothing except cause us further pain,” they explained. “As can be imagined, no custodial sentence will ever be sufficient in healing our agony, however, we can only hope that justice will be served on August 27 with an appropriate sentence.
“We feel deeply that the bail and remand process, after an individual has voluntarily admitted guilt, desperately needs reviewed, so that other families do not have to suffer the same pain and anguish as we have.”
Before the accident, which took place at around 6.40am, he had left his girlfriend’s home to travel to work.
But unbeknownst to Allan, five cars had already had to swerve to avoid colliding with McLean, who was high on cocaine and driving on the wrong side of the road.
The pair collided head on, and the impact caused Allan to be thrown from his Suzuki bike onto the carriageway as the bike burst into flames.
Glasgow High Court heard on Wednesday that McLean had said to motorists: ‘What have I done?’, before running across the southbound carriageway and attempting to jump a wall.
Allan left behind a devastated twin sister, along with his dad, brother and sister, and his death came just one year after his mother, Jan passed away.
And the family have slammed the judge’s decision to allow McLean’s sentence to be deferred, and say they cannot accept McLean’s ‘privilege’ of experiencing milestones when one of their own had his ‘stolen’.
“Regarding yesterday’s court session, we have many mixed emotions,” they admitted. “We are relieved that the accused plead guilty and we did not have to suffer a trial, which would have only added to everyone’s trauma and heartbreak.
“However, we believe that the decision to once again release the accused on bail was a contradiction of the accused’s guilty plea and his so-called desire to have the case finalised for our benefit, in an appropriate timescale.
“We also find the fact that he was honoured with the privilege to witness milestones in his life to be heart-breaking and inconsiderate to the fact that Allan’s milestones were stolen from him through no fault of his own.
“This person’s continuous, thoughtless actions on the morning Allan was killed has not just destroyed a life but destroyed the lives of those Allan would’ve shared it with.”
Judge Brodie deferred sentence on McLean until August 27 at the High Court in Edinburgh.
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