Bonnybridge BMW driver who hit a cyclist breaking his back has avoided jail

Stuart Smillie, 43, caused "significant injuries" to his victim by his driving last June, Stirling Sheriff Court was told.

The incident occurred about 8.45 on Saturday, June 17, at Keir Roundabout, Dunblane – where the M9 becomes the A9 – just after Hamish Hutchinson, 42, and a group of cycling friends, left Bridge of Allan to head towards Doune.

After entering the roundabout from the Bridge of Allan road, Mr Hutchinson had his arm out signaling to leave at the Doune exit when he was struck by Smillie's BMW 116i Sport which entered the roundabout from the M9 "without stopping" and was "travelling towards the cyclist at 15 to 20 miles an hour".

Prosecutor Christie Maccoll said Mr Hutchinson "took evasive action" by moving his bike further into the nearside lane, but Smillie's car collided with him, throwing him off his bike.

Mr Hutchinson, a father-of-three, said later that he was thrown onto the bonnet of the BMW, then thrown off again into the road when Smillie braked.

Miss Maccoll said: "He sustained a stable fracture to his spine, abrasions to his right elbow, hip and leg, and a shoulder injury."

Mr Hutchinson was taken by paramedics to hospital, but avoided being paralysed because the break did not affect his spinal cord.

Smillie told police about the incident: "Yeah, I never saw him, but I'm so sorry."

Father-of-two Smillie, a technician, of Norwood Avenue, Bonnybridge, admitted causing serious injury by careless driving.

Solicitor Ross McGowan, defending, said: "It was a highly unfortunate event and he is deeply sorry."

On Wednesday, Sheriff Frank Gill banned Smillie from driving for 20 months and made him subject to a 9pm to 7am restriction of liberty order. During an eight week curfew, he will wear an electronic tag and be electronically monitored.

Sheriff Gill told him: "You pled guilty to careless driving which caused serious injury to Mr Hutchison. The injuries which he sustained were significant and though thankfully he has generally made a good recovery he will continue to suffer from his injuries for some time to come."

The sheriff added: "I note that you have expressed your remorse and regret and that you have a good insight into the effects of this offence."

Mr Hutchinson, of Bannockburn, a Press officer for government tourism agency VisitScotland, said later: "I was told in the hospital it was a stable fracture, which means it wasn't interfering with the spinal cord, so I didn't lose any motor functions. I've still got issues in my back."

The road bike he was riding, which he was borrowing from a friend, was written off.

Asked after the case if he had any comment, Smillie replied: "Just what was said in court."