Judge was ‘mistaken’ to only jail bus driver for 3 years who killed pensioners in horror West Lothian crash

Stephen Jones, 58, repeatedly drove onto the opposing carriageway and drove too fast for road conditions before failing to negotiate a bend properly and striking an oncoming Vauxhall Corsa.

The driver of the car Ian McKay, 78, and his wife Helen,79, who was the front seat passenger, died after sustaining multiple serious injuries.

The couple, from Bathgate, had been taking their new car for a drive on the B792 road near Torphichen, West Lothian, when Jones’s vehicle collided with them on January 8, 2019.

One of the passengers on the E.M. Horsburgh bus Jones was driving, 78-year-old Agnes Marshall, suffered serious injury and others were also injured in the fatal incident in West Lothian.

On Friday, prosecution lawyer Ashley Edwards QC told appeal judges Lady Dorrian, Lord Pentland and Lord Turnbull that their colleague Lord Doherty hadn’t properly considered the circumstances of the collision.

Ms Edwards said that if Lord Doherty had carried out a proper examination of the facts of the case, he would have given Jones - who has previous convictions for motoring offences - a longer prison sentence.

She added: “The driver was driving too quickly for the prevailing conditions of the road. The respondent was driving a public service vehicle which was carrying passengers.

“The bus was going too fast. One passenger told of how he had to put his phone away and hold onto the seat in front. The bus was weaving about. It had gone into the wrong carriageway.

“I invite you to grant the Crown appeal.”

Bus was ‘swinging round corners’

In proceedings at the High Court in Edinburgh last year, Lord Doherty said he took into account that Jones being dazzled by the sun was a contributory factor to the tragedy that unfolded.

The judge said that it must have been plain there was a risk of being dazzled but he did not moderate his speed.

Lord Doherty also banned Jones from driving for four years and eight months.

Jones, of Whitburn, earlier admitted causing the couple's death and injury to others by driving dangerously. He has previous convictions for speeding and careless driving and had three penalty points on his license at the time of the offence.

Both the bus and the car ended up in a farmer's field following the crash.

Prosecutor Steven Borthwick said that prior to the collision one of the passengers on the bus was unhappy about the way it was being driven and that it was "swinging round the corners".

On Friday, defence advocate Shelagh McCall QC told the court that Lord Doherty had applied the correct legal tests when sentencing her client.

She added: “There was not a prolonged or sustained period of driving. The period of driving complained about lasted around 90 seconds - one and a half minutes.

“I submit to you that the need for public protection is met by his current sentence and the period of disqualification which he is currently serving.”

The appeal judges will issue their decision sometime in the near future.

Lady Dorrian added: “We will take time to consider our decision.”

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