THE mother of a schoolboy who died when he was hit by a van confronted the driver yesterday – and told him she forgave him.
Blair Fearn was on trial this week accused of causing the death of nine-year-old Anthony Healy by careless driving.
It was alleged the 26-year-old failed to check there were no pedestrians or other road users behind him before, or while, reversing in Broadshade Road, Westhill, on July 20, 2012.
But yesterday, the jury returned a not proven verdict after more than four hours of deliberations.
During the deliberations, Anthony’s mother, Frances, approached Fearn and his family – which she said last night she had been waiting to do for the last two years.
Miss Healy, of Westhill, said: “I did approach him, which was very brave. I introduced myself and shook his hand, and his mum gave me a hug. It was very difficult.
“I did say to him that I had a feeling he wouldn’t be going anywhere, and told him ‘You’ll be going home’ but I did also say that I believed he would feel punishment in his heart.
“That’s the type of person I am.”
Fearn showed no reaction as the verdict was read out, but Miss Healy broke down in tears. She added last night: “I’m satisfied but I’m not satisfied, because I did want him to get some sort of punishment but not crucified – he’s a father himself and he did not do it on purpose.”
Anthony, who was just days away from his 10th birthday, had been on his Rollerblades on the way to his friend’s house to play computer games when the accident happened.
During the trial at Aberdeen Sheriff Court, the jury of nine women and six men heard graphic details about the accident, including the fact Anthony had been dragged nearly 23ft under the Mercedes Sprinter delivery van.
Sergeant Steven Manson, a collision investigator, told the court that when he arrived at the scene, he had been able to see the youngster’s Rollerblades from the front of the van.
The officer also said that during his detailed examination of the delivery van – which Fearn had been reversing after missing his turn-off for Broadshade Drive – he and his colleague, Constable Carl Wright, had seen a mark on the back step of the van, which may have been where Anthony was hit before he was run over by the back wheel. The boy died of head injuries.
Sgt Manson also told the court that Fearn, of The Elms, Trinity, near Brechin, should have been able to see the boy for a “considerable period of time” as he skated down a lane towards the road.
But a defence report was put to the pair that forced them to concede they could not say how long Anthony would have been visible to Fearn as they had not been able to tell how fast the youngster had been skating.
In a statement to the police, Fearn had said he had stopped as quickly as he could after hearing a “thump” on the back door of the van.
Fiscal depute Anne Macdonald argued that the van’s rear wheel may not have gone over Anthony if Fearn had stopped “immediately”. But defence counsel David Moggach told the jury his client would have had “half a second” to react, and that it was a simply a “tragic accident” rather than carelessness.
Fearn declined to comment as he left court with his family.
After the boy’s death, Anthony’s family described him as a “sensitive, loving, and soft-natured” boy who was always willing to help.
Miss Healy, of the Broadshade estate in Westhill, said at the time: “Anthony wanted to be an astronaut for a long time and he loved stargazing. He also wanted to be a scientist and always wanted to look after his mum.
“His outdoor pastime was Rollerblading, which he was very good at.”
His grandfather, Michael Healy, added at the time: “He lived life like every boy should, learning new things, experimenting, stretching his wings and enjoying the freedom to be friends with whoever he wished.”