Driver who killed cyclist Audrey Fyfe to have sentence reviewed

Gary McCourt case to be revisited after pressure on Scottish prosecutors

Published: May 31, 2013 at 2:10 pm

The family of a cyclist killed by a driver in Edinburgh have welcomed the news that the motorist’s sentence will be reviewed for being too lenient. Today, the Fyfe family learned that Gary McCourt’s original sentence – a five-year driving ban and 300 hours of community service for killing wife and mother Audrey in 2011 – will be questioned by the Lord Advocate.

The Crown Office’s decision comes after more than 6,000 people joined the Fyfe family and cycling charity CTC to demand a tougher sentence for 49-year-old McCourt, who also killed 22-year-old cyclist George Dalgity in 1985.

The decision means Sherriff James Scott, who passed the original sentence in the Fyfe case, will have to submit a detailed report to the High Court about the decision-making behind his judgement. In the autumn, the High Court will rule whether a tougher sentence should be imposed.

Audrey’s daughter, Linda Hamilton, said: “We are delighted this will now be reviewed, and thank you to all of the people that emailed the Lord Advocate to support us.”

Donald Urquhart, secretary of CTC Scotland, added: “The decision of the Crown to appeal the sentence is welcomed by CTC/CTC Scotland and is, we believe, a reflection of the significant levels of concern expressed by cyclists of the leniency of the original sentence.”