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| Andrew McNicoll death: Case against lorry driver not proven | Andrew McNicoll death: Case against lorry driver not proven |
| (about 5 hours later) | |
| A lorry driver has been acquitted of causing a cyclist's death by careless driving. | A lorry driver has been acquitted of causing a cyclist's death by careless driving. |
| John Stewart, 54, was accused of causing Andrew McNicoll's death on Lanark Road, Edinburgh, in January 2012. | John Stewart, 54, was accused of causing Andrew McNicoll's death on Lanark Road, Edinburgh, in January 2012. |
| However, a jury returned a majority verdict of not proven against the HGV driver. | However, a jury returned a majority verdict of not proven against the HGV driver. |
| The verdict came at the end of a four-day long trial at Edinburgh Sheriff Court. | The verdict came at the end of a four-day long trial at Edinburgh Sheriff Court. |
| Prosecutors alleged that Mr Stewart, of Carstairs, Lanarkshire, drove his articulated lorry with undue care and attention. | Prosecutors alleged that Mr Stewart, of Carstairs, Lanarkshire, drove his articulated lorry with undue care and attention. |
| They alleged that he overtook Mr McNicoll, of Balerno, Edinburgh, at an unsafe point in the road and that a trailer that was attached to his vehicle came into contact with the cyclist. | They alleged that he overtook Mr McNicoll, of Balerno, Edinburgh, at an unsafe point in the road and that a trailer that was attached to his vehicle came into contact with the cyclist. |
| Prosecution lawyers alleged this action caused Mr McNicoll to lose control of his bike and strike a parked Mazda car, causing him to suffer serious injuries which contributed to his death. | Prosecution lawyers alleged this action caused Mr McNicoll to lose control of his bike and strike a parked Mazda car, causing him to suffer serious injuries which contributed to his death. |
| During proceedings, the court heard that accident investigators were unable to prove that Mr Stewart had acted illegally. | |
| In his closing speech on Thursday afternoon, defence advocate Steve Love described Mr McNicoll's death as "sad" - but said the evidence surrounding the incident pointed to it being a "tragic accident" as opposed to a criminal act. | In his closing speech on Thursday afternoon, defence advocate Steve Love described Mr McNicoll's death as "sad" - but said the evidence surrounding the incident pointed to it being a "tragic accident" as opposed to a criminal act. |
| At the end of proceedings, Sheriff Kenneth Maciver told Mr Stewart he was free to leave the dock and thanked jury members for their service. | At the end of proceedings, Sheriff Kenneth Maciver told Mr Stewart he was free to leave the dock and thanked jury members for their service. |
| Mr McNicoll worked as an insurance officer at Balfour Beatty Construction in Edinburgh, and was an enthusiastic road cyclist who was a member of the Edinburgh Road Club. | Mr McNicoll worked as an insurance officer at Balfour Beatty Construction in Edinburgh, and was an enthusiastic road cyclist who was a member of the Edinburgh Road Club. |
| Speaking shortly after Mr McNicoll's death, his father Ian - who set up a charitable fund which campaigns for improved road safety for cyclists - said: "Our grief, as you can imagine, is immense. Andrew was a fit young man with a great future ahead of him with his partner Donna. | Speaking shortly after Mr McNicoll's death, his father Ian - who set up a charitable fund which campaigns for improved road safety for cyclists - said: "Our grief, as you can imagine, is immense. Andrew was a fit young man with a great future ahead of him with his partner Donna. |
| "We are extremely proud of our Andrew and his achievements." | "We are extremely proud of our Andrew and his achievements." |
| Mr McNicoll's death - and that of fellow cyclist Audrey Fyfe, who died after being hit by a car in Edinburgh in 2011 - inspired thousands of cyclists to hold a Pedal on Parliament event last year, when they called for more funding to improve cycling safety, and lower speed limits in areas used by cyclists. | Mr McNicoll's death - and that of fellow cyclist Audrey Fyfe, who died after being hit by a car in Edinburgh in 2011 - inspired thousands of cyclists to hold a Pedal on Parliament event last year, when they called for more funding to improve cycling safety, and lower speed limits in areas used by cyclists. |