Date set for appeal of Gary McCourt's lenient sentence
The driver who killed Audrey Fyfe,
Gary McCourt, will have the appeal of his lenient sentence heard on the 6th August, the Crown Office has announced.
The appeal will be heard in front of 2 or 3 judges at the High Court, in the Lawnmarket, Edinburgh. It will be open to the public and CTC will be attending. The judges will make their decisions based on reports submitted by the Crown Office and the Sheriff who sentenced McCourt originally; research leading up to the hearing; the trial transcripts and representations made by the Crown Office and a defence advocate at the hearing.
If two judges agree that the sentence was unduly lenient a new sentence will be imposed. The decision might be made on the day of the appeal, though the judges can take longer to decide.
49-year-old McCourt’s 'careless' driving was responsible for Audrey’s death in Edinburgh in August 2011 – the second cyclist he has killed. The first, George Dalgity, was killed by his 'reckless' driving in 1985. At that time he had only a provisional licence and no insurance, he was driving without L-plates or supervision, and left the scene of the crime.
Following his conviction on 3 May for the killing of Audrey Fyfe, he was given a 5 year driving ban and 300 hours of community service, prompting over 6,000 people to respond to a campaign set up by CTC and the Fyfe family, supported by George Dalgity's sister Ann.
Thanks once again for helping put pressure on the Crown Office to appeal this sentence