South Scotland

A1 crash driver cleared of causing motorcyclist's death

Jedburgh Sheriff Court
Image caption Giacopazzi was fined and given six points on his licence at Jedburgh Sheriff Court

A man has been cleared of causing the death of a motorcyclist after a fatal accident on the A1 in the Borders.

Michael Giacopazzi, 48, of Eyemouth, was instead convicted of careless driving and causing the collision between his Land Rover and 33-year-old biker James Marlow from Edinburgh.

A jury deleted the part of the charge stating he caused the death.

He was convicted by majority of careless driving and fined £600 and given six points on his licence.

Jedburgh Sheriff Court heard how, as a result of the crash at the Ayton junction in Berwickshire on 16 November 2010, both vehicles were damaged and Mr Marlow came to rest on the carriageway.

He was then run over by another vehicle.

Sheriff Donald Corke told Giacopazzi: "Following the verdict of the jury, you have been cleared of causing the death of Mr Marlow.

"I would like to express my sympathy to his family.

"The sentence has nothing to do with his death."

He said he had to deal with it as a normal careless driving offence which was "something you see day in and day out - but not in these circumstances".

"This was a moment of carelessness in very difficult conditions," added the Sheriff.

"I take into account you have a clean record and have been under considerable strain defending yourself against the allegation of causing the death of Mr Marlow."

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