A pensioner who killed a popular Scots teacher out on his daily cycle ride after carrying out a dangerous overtaking manoeuvre has been jailed for two years.
But the family of Adam Pattinson say it is them who have been given a “life sentence” after their loving husband and daddy was “stolen from them” in February 2020.
The 36-year-old died after motorist Thomas Smith hit him head on while driving into the opposing carriageway as he tried to pass a van and lorry in Perth and Kinross.
The court heard that Mr Pattinson sustained "catastrophic" injury in the collision and would have lost consciousness immediately with death following within a minute or two.
Smith, 76, was jailed and banned from driving for seven years when he appeared at the High Court in Edinburgh on Thursday.
The teacher’s wife Claire has released a heartbreaking statement on behalf of her and their son Fraser following the sentencing and says she hopes lessons can be learned from their tragic loss.
They said: “In the two years since Adam's death we have been forced to live through what no family ever should.
“We feel it just that a custodial sentence has been given today.
“However, this cannot begin to match our grief, nor can it reflect a life so cruelly taken from Adam, myself, our son and his family and friends.
“Words will never be enough to describe the devastating pain and heartbreak of losing my wonderful husband.
“Adam was the most loving and devoted daddy to our little boy who had his father stolen before he even had memories to call his own.
“Adam was just 36-years-old, and to spend a lifetime without him, will take strength and courage I do not know how you endure. It is a life sentence.”
They added: “We are forever changed and will always desperately miss the fun, laughter and love Adam brought to each of us.
“Adam should have come that morning. He did everything he could to keep himself safe.
“To learn the dangerous and completely avoidable choices made by someone else, which resulted in Adam's death, has only added to our devastation.
“It is a stark reminder that vehicles can become weapons if not used responsibly and we can now only hope that Adam' s story will encourage drivers to carefully consider the safety of overtaking manoeuvres.
“It is very important for us to thank the medical personnel and members of the public who did all they could to help Adam that terrible morning and to Tayside police for their support and professionalism.
“To family, friends and those in our local community and beyond, who have shown such thoughtfulness, thank you.
“We also wish to remember how deeply Adam valued his role both as a teacher at Craigclowan Prep School and in the rugby community.
“He showed positivity and care to so many and, as such, his loss is far reaching.
“We respectfully ask for privacy as we now try to concentrate on the happy times spent together and as we strive to honour Adam's memory by following his example of kindness and gratitude for life."
Speaking at the sentencing, Lord Arthurson said he had taken time to read statements prepared by family members and added that they were "universally eloquent and harrowing".
He added: "Mr Pattinson's life was a full life, but a life nevertheless cruelly cut short with many happy and fulfilling years with his family and in his career lying ahead of him.
"No sentence that this court could impose could ever begin to reduce the sheer scale of grief felt by that family as they contemplate the loss of Mr Pattinson.
He told Smith: "Mr Pattinson was a skilled and proficient cyclist who had been wearing full cycling clothing and equipment, including a helmet and a high visibility jacket.
"He was appropriately positioned. There was sufficient time to amend your driving but you did not do that.”
Smith, of Kestrel Way, in Perth, earlier admitted causing the death of Mr Pattinson on February 28 in 2020 on the A912 Aberargie to Bridge of Earn road, in Perth and Kinross, by driving dangerously.
Before the fatal collision Smith was driving his Citroen C4 car behind a lorry and van and the driver of the lorry could see the oncoming light of Mr Pattinson's bicycle.
Mr Frain-Bell said: "The accused attempted to overtake both the Transit van and the articulated lorry. While carrying out the overtake Smith collided with Adam Pattinson head on.
"Adam Pattinson was thrown into the air, coming to rest on the grass verge to the north of the road.
“The accused's vehicle continued north west coming into contact with the lorry before leaving the road and colliding with a hedge.”
The lorry driver had become aware of Smith's car before the collision as it moved out to overtake but thought it was not moving fast enough to pass him and get back and applied the brakes.
Police collision investigators concluded that Smith pulled out into a position on the roadway where he would have been aware of the oncoming cycle light.
Defence counsel David Nicolson said it had always been Smith's position that he did not see the cyclist, although he cannot explain why.
He said: "There was no question of drink or drugs being involved. There was no question of excessive speed. He was not distracted by a mobile phone or anything else in his vehicle."
Mr Nicolson said Smith was not "gambling" by taking a decision to pull out and try to overtake two vehicles in almost pitch blackness.
He said there was heartfelt and genuine remorse on the part of Smith and added: "He described feeling he will never be happy again."
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