A farmer is facing a prison sentence after being convicted of failing to maintain a tractor and trailer that crushed a motorist to death.
Grant had earlier offered to plead guilty to causing the death of Mr Mooney by allowing his employee Christopher Nimmo to use the JCB Fastrac and Herron trailer to transport a 13 tonne digger from Edinburgh to Rutherglen, despite having defective brakes. Giving evidence at the High Court in Livingston, Mr Nimmo told how his brake pedal “went to the floor” as he tried to slow down on a steep downhill gradient on Fernhill Road, Rutherglen.
He insisted the vehicles had been properly maintained, in the face of evidence that the tractor’s brake fluid, which should have been replaced every two years, had not been changed for six years. There was also a 6mm gap between the Herron’s brake linings and brake drums, handbrake cables were broken and the trailer’s braking efficiency when laden was 4.01 per cent – a tenth of the required minimum figure of 45 per cent.
Following the jury’s verdict, advocate depute Richard Goddard moved for sentence and revealed that Grant had no previous convictions.Grant’s defence counsel Malcolm MacLeod said Grant had offered to plead guilty to the Health and Safety offence a year and a half ago but that had been declined by the Crown at the time.