The devastated father of a Scots nursery teacher who was killed by a lorry driver has slammed his 'slap on the wrist' sentence after he was spared jail.
John O’Donnell was found guilty of causing the death of 26-year-old Chloe Morrison when she was struck by a steel beam sticking out from his lorry in October 2019. The 53-year-old was given 100 hours of unpaid work and banned from driving for 12 months at the High Court in Stirling.
Judge Lord Stuart said the crime “did not warrant a custodial sentence”.
Chloe's distraught father Robert, said he felt like he lost his daughter for a second time after O’Donnell walked free from court.
He said: "The sentencing caused a pain like losing our daughter for the second time.
“How could O’Donnell kill someone else...and then just gets an effective slap on the wrist… it’s utterly insulting."
As O’Donnell, of Inverurie, Aberdeenshire, was sentenced, Robert screamed “No, no, no” at the top of his voice, and “I’m so sorry, Chloe”. An angry member of the public slammed a door loudly on their way out.
The court heard O’Donnell was driving through Drumnadrochit, on the western shore of Loch Ness, when he failed to notice a fully extended stabiliser leg protruding from his vehicle, which had a crane attached.
It struck “beautiful and sensitive” nursery teacher Chloe in the back, while she was walking along the pavement with her mother.
Chloe, from the Inverness-shire village, was propelled 115ft and died after suffering multiple fractures.
O’Donnell had driven his lorry from Oldmeldrum in Aberdeenshire to the north of Skye on October 24, 2019, where his load of cable ducts was taken off.
He stayed overnight and said he had dropped his stabilising legs the following day because of gales, although he was not trained to do so. He later set off on his return journey.
He insisted he did not extend or touch the controls of the outrigger beams – entirely separate from the stabilising legs.
But CCTV showed the near side outrigger’s yellow warning band was indicating it was unlocked, when he filled up with diesel on Skye.
Evidence showed the sign would have been visible in his nearside mirror. O’Donnell said he did not know what the sign meant but if he had seen it, “Chloe Morrison would still be here today.”
He was found guilty by a jury of of causing Chloe’s death by careless driving after a six-day trial last month.
Chloe’s father Robert says the family had to walk by O'Donnell as they left the High Court in Stirling yesterday.
He added: "O'Donnell probably spent his night celebrating his freedom - as for us, we went to the cemetery in tears feeling like the loss of our daughter counted for nothing.
“We know there’s a consultation underway on death by driving – I hope it sorts outcomes like this."
Chloe’s family has now launched a civil action in the hope of the getting the recognition they believe they deserve.
Robert added: "We will be speaking with the fiscal next week to discuss this outcome but this can’t be final - I really hope the COPFS appeal this ludicrous sentence.
“We were assured to stay patient for more than three years and that justice would be done but it hasn’t."
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