A speeding drink driver who killed a pensioner at an Aberdeen bus stop was captured on camera outside a nearby pub with a drink – after fleeing the scene of the crash.
Martin Henderson, 30, fled the scene on Inverurie Road, Bucksburn, after inflicting fatal injuries on father-of-three Allan Forbes, 70, and consumed more alcohol before contacting police and claiming his car had been stolen.
Repeat driving offender Henderson also seriously injured Chloe Donaldson, 18, who was also standing by the bus shelter when he lost control of his BMW.
A shocking CCTV image shows Henderson outside the Staging Post Pub at 9pm.
Police, paramedics and fire crews were called to the site of the crash shortly after 7.55pm.
A family statement released through Digby Brown Solicitors after the hearing said: “The loss of Allan has devastated us and it has left a huge gap in our family that will never be filled.
“We are glad justice has been done and it means our family can focus on healing.
“Finally, we’d like to thank our loved ones, friends and those in the community who have supported us.”
During the hearing at the High Court in Edinburgh Lord Mulholland said: “It is appalling driving for quite some distance, involving speeding, going through a red light, undertaking, overtaking when it is unsafe to do so, all while you are under the influence of alcohol.”
The judge said it had made his car “a lethal weapon” and added: “You have taken a life and given that poor family a life sentence.”
He also pointed out that Miss Donaldson had suffered “a horrific injury and a horrific recovery”.
Lord Mulholland told Henderson, who dabbed at his eyes with a hanky as he stood in the dock at the High Court in Edinburgh: “You should be thoroughly ashamed of yourself.”
The judge said: “Not only did he not stay at the scene to render assistance, he then makes his way to a pub where he consumes more alcohol and then makes his way home where he consumes more alcohol.”
Henderson, of Threave Circle, Inverurie, had been on bail, but was remanded in custody after he appeared in court.
Lord Mulholland told him that as he has never previously served a jail sentence he required to get a background report on him ahead of dealing with him.
Although Henderson has never been sentenced to imprisonment before he has amassed six road traffic convictions and had three driving bans for speeding, being in charge of vehicle while over the drink drive limit and careless driving.
The court heard that retired bus driver Mr Forbes, who was married for 47 years and generally kept good health, was waiting on a bus to meet up with his youngest son in Aberdeen when he was struck by Henderson’s car in Bucksburn on November 9 last year.
Henderson, an engineering supervisor with an offshore oil company, admitted causing the death of Mr Forbes and severe injury to Miss Donaldson by dangerous driving on the A96 Inverurie to Aberdeen road. At one stage in the journey a van driver had to brake sharply to avoid a collision after Henderson drove through a red light.
He also admitted attempting to pervert the course of justice by leaving the collision scene and falsely reporting his car was stolen.
Advocate depute Graeme Jessop said Henderson had met a work colleague in Inverurie and the two men were seen drinking.
Henderson drank two and a half pints of lager and ate a meal before setting off on the 10-mile trip towards Bucksburn. At one stage on the journey he was seen travelling at 97 mph in a 40 mph zone.
Just before the fatal collision he was estimated to be travelling at 67mph in a 30mph zone.
Mr Jessop said: “The collision investigators were of the opinion that the accused’s impairment through consuming alcohol and the excessive speed at which he was driving the vehicle combined to cause him to lose control on the bend at the collision scene.”
The prosecutor said that he overtook a vehicle in his BMW 320 estate at high speed on the approach to the bend but after he lost control his car began to broadside along the dual carriageway and struck a Nissan Pixo which went into the central reservation. The driver and his two passengers escaped without physical injury.
Henderson went on to hit a pavement and plough into the bus shelter and the two pedestrians who were waiting there.
Mr Jessop said Mr Forbes suffered “catastrophic unsurvivable injuries” and was pronounced dead at the scene.
Miss Donaldson suffered a broken leg and nose, a cut lip and chipped teeth and grazing. The fracture to her left leg required surgery to insert a metal plate and pins.
Mr Jessop said: “Immediately following the collision the accused fled the scene. He made his way to a nearby pub, the Staging Post, where he ordered a pint of beer and asked the manager to call him a taxi. He didn’t finish his drink and left before the taxi arrived.”
After returning home he opened two cans of lager and drank less than half of each before calling police to report the alleged theft of his car.
Officers who went to Henderson’s home and found him asleep on a sofa.
Mr Jessop said they described him as “obstructive via his general silence”.
He was arrested after a positive breath test of 78 mg, which is over the 22 mg limit. He later gave a “no comment” interview.
Defence counsel Neil Shand told the court: “The accused recognises that a custodial sentence is entirely inevitable and indeed deserved.”
Speaking after the case, Road Policing Sergeant Craig McNeill, based at Inverurie, said: “The conduct of Henderson both before and after the incident was shocking.
“Our investigation led to his quick arrest however it was a tragic incident where innocent people had to suffer because of his actions. I would like to pay tribute to both families affected by this and the impact it has had on their lives.
“The dangers of driving both dangerously and under the influence of alcohol are well known, it is totally unacceptable and there is no reasonable excuse for it.”
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