Driver who killed cyclist Audrey Fyfe to have sentence reviewed

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.”