Death crash driver 'blinded by sun'

Image source, Spindrift
Image caption,
Ho Cheng said he was blinded by the sun moments before the crash

A driver blinded by the sun who ploughed into a recovery truck and killed a 62-year-old man has been spared jail.

Ho Cheng was convicted of causing the death of Patrick McCabe by careless driving and ordered to perform 300 hours unpaid work.

Mr McCabe's van had broken down in Glasgow's Scotland Street when Cheng's BMW crashed into a recovery vehicle.

Cheng, 32, from Pollokshields, was also banned from driving for two years.

The High Court in Glasgow heard that Mr McCabe had been moving furniture to his new home in Ireland on 23 March 2015.

The transit van he had hired broke down, and a recovery vehicle was called to remove it.

Recovery driver Martin Aird was attaching straps to the van when the BMW smashed into his truck, leaving him badly injured and killing Mr McCabe.

He said: "After I started to put on the strap to secure the vehicle it was like a big almighty bang, then everything went black."

Mr Aird said the next thing he remembered was being resuscitated at the scene and a paramedic saying: "Calm down, calm down."

Dashcam footage

Witnesses described Cheng as being very distressed after the crash, and saying: "I didn't see them."

He was originally on trial accused of causing death by dangerous driving, but the jury unanimously cleared him of that charge.

Dashcam footage from a car behind Cheng's vehicle showed that the sun was low in the sky and there was significant glare.

Judge Johanna Johnston QC told Cheng: "You have shown remorse and have not driven since this tragic accident."

Defence counsel Simon Gilbride said: "He has accepted from the outset his responsibility for causing the death of Mr McCabe. He is full of remorse for what happened."

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