Student spared jail after causing death of best friend in Loch Ness car smash

An engineering student who caused the death of his best pal when he crashed his car in the hills above Loch Ness was spared a custodial sentence by a sheriff.

Sheriff Andrew Miller heard Lewis Warburton regarded the crash victim as a brother.

Inverness Sheriff Court was told today (Tuesday) how Warburton, now aged 19, and his friend who died in the tragedy, 17 year-old Matthew Ricketts had gone to a Blockbusters store in Inverness then went for a drive.

Warburton lost control of his Citroen motor car after going over the brow of a hill on the B862 between Whitebridge and Fort Augustus and plunged and rolled down an embankment.

But depute fiscal Karen Smith said speed was not an issue in the accident.

Mr Ricketts, of Torness, died instantly.

Warburton of Islay Road, Inverness was sentenced to 165 hours of community service having admitted causing the death of his friend by driving without due care and attention and losing control of his vehicle which left the carriageway and overturned on September 22 last year.

The fiscal described in court how, after finishing work, Mr Ricketts went to Warburton’s house.

It was his intention to stay the night and about 8.40pm they went to Blockbusters in Sir Walter Scott Drive and rented a video.

The two young men then decided to go for a drive which took them on to the B862 Dores- Fort Augustus Road.

Mrs Smith said it was a road which had a 60mph limit and was single track with passing places, undulations and hill crests.

She said it was dark at the time but weather conditions were clear.

Mrs Smith said four miles west of Whitebridge the car went over a particularly severe hill crest and Warburton lost control striking the nearside verge first, then the offside verge causing the car to rotate and leave the roadway on the nearside.

She described how the vehicle "tumbled down an embankment", somersaulted over a fence before tumbling down the hillside and landing on its wheels.

Mrs Smith said Mr Ricketts died immediately.

"Warburton came up to the carriageway where he stopped a passing car."

The fiscal said the occupants of the vehicle had been part of a hunting party and Warburton told them: "I’ve had an accident. We rolled down the hill. My friend is still in the car. I think he’s dead. I think I’ve killed my friend."

Sheriff Miller said there appeared to be no suggestion of excessive speed.

"As I understand it from the indictment the only factor indicating carelessness is the fact the car left the road after striking the verge.

The fiscal confirmed that was the case. She added that speed was not an issue.

Defence advocate Barry Smith said Warburton was 18 at the time of the accident and was an engineering student with aspirations to pursue a career in the offshore oil and gas industry.

He said he was undertaking a course at the University of the Highlands and Islands which could eventually secure him a Bachelor of Engineering degree and he asked the sheriff not to impose a custodial sentence so he could continue his studies and career ambitions.

Mr Smith said Warburton was a first offender and had no penalty points on his licence.

Background reports before the court described the relationship between the two friends.

Mr Smith said Warburton described themselves more as brothers than close friends.

The advocate added that one of the most remarkable features of the case had been the reaction of Matthew Ricketts' parents to the tragedy.

Mr Smith said the victim impact statement was before the court which he would not go into.

"But it does Mr Ricketts a great deal of credit that he should respond to such a tragic accident in that way."

Mr Smith said Warburton recalled clipping the nearside verge and overcompensating and hitting the offside verge.

He asked the sheriff to impose a fine rather than custody or detention which would be a direct alternative to custody.

Sheriff Miller told Warburton he had pleaded guilty to causing the death of his friend and the loss of control of his car resulted from a significant level of carelessness.

"But it appears to have been momentary and the facts I have heard suggest no aggravating circumstances."

The Sheriff added that reports indicate he expressed remorse for the death of his close friend.

In sentencing he was also taking in account the statement from Matthew’s family who were supportive of Warburton even in the midst of their loss.

He ordered Warburton to carry out 165 hours of community service and banned him from driving for two years.

---

Do you want to respond to this article? If so, click here to submit your thoughts and they may be published in print.

---