A footballer who killed his friend in a horror smash just three months after passing his test last night avoided a jail sentence.
Alistair Downie, 20, was speeding and lost control of his car as he drove a group of teammates home from a match in the Outer Hebrides.
The car hit the kerb, crashed through a garden fence, hit a tree and rolled seven times, throwing Carl MacPhee – and another passenger – from the vehicle.
Promising footballer Mr MacPhee, 19, was so catastrophically injured he died.
Downie – who was invited to be a pallbearer at his friend’s funeral – sobbed as he admitted causing the death of the 19 year-old by dangerous driving last month.
The apprentice mechanic was remanded in custody after his guilty plea and prepared to face a lengthy jail-term when he returned to the dock yesterday.
But in the “exceptional circumstances” judge Lady Scott handed Downie a community payback order to carry out 300 hours unpaid work within 12 months.
At the High Court in Paisley, she also ordered him to be supervised during that time.
Downie will also be disqualified from driving for five years and must sit another test before obtaining a licence again.
Passing sentence the judge described Carl as a “vibrant, popular and talented young man”, who wanted to travel the world.
She told Downie: “You were close to his family, it is to their enormous credit they are generous enough not to blame you for the accident, to invite you to be a pallbearer at the deceased’s funeral.”
Lady Scott said she would describe Downie’s reaction as “feeling overwhelming guilt” and that it was clear he accepted full responsibility adding: “I have decided in the exceptional circumstances presented here that a sentence of detention is not necessary”.
Downie and Mr MacPhee had gone to school together and both played football for Iochdar Saints based in South Uist.
Downie took a number of his team-mates – including Mr MacPhee – to an away match on the nearby island of Eriskay in September 2014.
Downie had passed his test in June.
The smash occurred as he drove them back after the game with Mr MacPhee in the back of the Peugeot.
The High Court in Glasgow was told two other passengers felt Downie was going too fast for the often bumpy road.
Prosecutor Allan Nicol added: “One later said how he ‘had a gut feeling that something was going to happen’.
“He grabbed hold of the two front seats and pushed his feet into the floor to tense up.”
Tragedy then struck on a road in Daliburgh, South Uist as Downie lost control at a bend.
The car initially smacked the kerb before crashing through a wire fence.
The upturned vehicle then hurtled through a garden fence knocking down a tree.
It rolled across a lawn up to seven times before finally coming to a halt close to a house.
Mr MacPhee and another young passenger had been thrown from the vehicle.
A 999 call was made at a nearby house as Mr MacPhee lay dying on the grass.
The teenager’s father arrived to help his stricken son along with a paramedic and a local GP.
He was rushed to hospital, but suffered a cardiac arrest and never recovered.
He died from a chest injury.
Downie, from Benbecula, estimated his speed to be between 55-60mph at the time.
Asked why he reckoned the incident occurred, Downie said: “The state of the road being wet and lopsided, that’s it.”
Crash scene investigators said the minimum speed at the time was 51mph. The limit for that stretch of road was 40mph.
It was concluded the responsibility “rests entirely with the driver”.
Downie’s lawyer told the court he will “never forgive himself” for causing the death.
Susan Duff, defending, added: “He and Carl MacPhee grew up together, went to school together, were friends.
“The milestones they should have had will not now take place. He cannot undo what happened.”
Miss Duff went on that Downie and his family wanted to “express how distressed and sorry” they feel for the “grief” caused to Mr MacPhee’s relatives.
Downie has since had a tattoo on his wrist in memory of his friend.
She said that both families know each other very well and Mr Macphee’s family do not want Downie to go to prison.
She added: “He is not someone who will come before the courts again.”
Mr MacPhee had been a promising striker. A year before his death, the teenager received a man of the match award from Celtic legend Billy McNeill.