Jury clears Brian Macrorie of causing teen's death in Ayr

Brian Macrorie, 58, struck Guihua Sun, 19, with his work van on March 5, 2021.

Macrorie turned right at a junction and afterwards said he'd failed to see Miss Sun due to the sun being in his eyes.

Miss Sun was propelled across the road, and suffered a skull fracture and bleed to the brain.

She died from her injuries in hospital eight days later.

A jury at the High Court in Glasgow cleared Macrorie of causing Miss Sun's death by dangerous driving.

Macrorie, an occupational therapy assistant, had previously been hauled into the dock for a driving offence.

The South Ayrshire council worker, from Minishant, smashed into an electricity pole while three times over the limit in 2015.

He later contacted the police to say he was responsible and was disqualified from driving.

But he kept his job in an alternative role.

The trial heard that Miss Sun was with friend Ziging Wan, a Chinese national living in Glasgow.

The pair had travelled to Ayr for a day out and the collision occurred while they were on their way to the train station.

A joint minute of agreed evidence stated that they crossed Seafield Road where the collision took place when Miss Wan thought it was "safe to do so".

The document said: "Miss Wan walked ahead of Miss Sun.

"While crossing the road, Miss Wan saw the van move towards her and thought it would slow and stop.

"She then heard Miss Sun screaming - she looked behind her and saw Miss Sun lying on the ground.

"Miss Wan did not see Miss Sun fall."

Miss Sun, who was initially conscious, was taken to hospital with a fractured skill and received surgery to treat a bleed to the brain.

But she died in hospital on March 13, with the cause of death stated as being 'head injury due to road traffic collision'.

Hotel owner Grant Steel, 63, told the court that he was on the road where the incident took place.

He stated that one of the women went all the way from one end of the road to the other while the other went three-quarters.

Mr Steel said: "She about-turned and started going back to the pavement and about turned again while the van started to turn the corner.

"It stopped to brake and started to move again. I thought she crossed the road but it made contact."

The witness added that Miss Sun had been "dilly-dallying" and "panicking."

Mr Steel claimed that the driver of the van was "creeping" and "very cautious."

He added: "I don't think the women crossed at a green man."

Iain McSporran KC, defending, asked Mr Steel if the driver did "everything right - he did not cut the corner or accelerate?"

Mr Steel replied: "Absolutely correct."

Pedestrian Brian Heathcott, 69, told the court that he saw the victim "fall over and slide down the road" after the collision.

Prosecutor Gavin Anderson asked Mr Heathcott if the situation seemed serious at the time.

He replied: "Not as serious as it turned out to be - I thought the woman had been knocked over. 

"The van wasn't going fast or reckless - it just knocked her over and she slid down the road."

Mr Heathcott claimed that Miss Wan was "hysterical" at the time.

Early years practitioner Catherine Ballantyne, 60, told the court that she spoke with Macrorie at the scene.

She said: "I asked if he was okay - he was shaking. He was just really shocked, very upset."

Mr McSporran asked if the women crossed when the traffic signal was green, and she replied: "Yes. They shouldn't be crossing the road."

The trial was told that a tablet device was fitted to the windscreen of the van at the time of the collision but was not in use.

The tablet was claimed to have been able to be used as a sat-nav as well as a means to receive jobs to go to.

John Anderson, 53, a senior occupation therapy technician for South Ayrshire Council, told jurors Macrorie had called him from the scene.

He told the court Macrorie had said: "I knocked someone down. I don't know what to do.

"She is lying unconscious. The lights were at green. I turned the corner and was blinded by the sun and didn't see her."

Mr McSporran quizzed Mr Anderson about tablets being used by drivers on their windscreens.

The advocate asked: "Mr Macrorie would have had no reason to be concerned about where it was located?"

The witness replied: "No."

However, police sergeant Scott Gourlay, 47, told the court that he would have stopped the vehicle had he seen the position of the tablet.

He said: "It's not giving a clear view of the road ahead. It obstructs the driver's view."

After he was acquitted, Judge Thomas Welsh KC told Macrorie "By virtue of the jury's verdict, you are discharged from the dock.

"You are free to go."