A speeding car thief who killed a pedestrian as he tried to escape from police has been jailed for eight years.
Shaun Rimmer drove off at speed along streets in Aberdeen after officers activated blue lights on police cars before he struck father-of-three Simon Musabayana as the victim crossed a road.
He was hit by the front of a stolen Seat Leon driven by Rimmer and was thrown into the windscreen and over the roof of the vehicle.
Mental health nurse Mr Musabayana, 48, died in hospital 26 days after the fatal collision in which he suffered extensive and catastrophic injuries.
‘Hard to overstate devastating impact his death has had on his family’
Rimmer, 28, drove off after the crash despite the blood-stained windscreen of the car he was driving being shattered following the impact.
He later abandoned the car.
Unemployed Rimmer, from Liverpool, admitted causing the death of Mr Musabayana by driving dangerously on August 16 in 2021 by driving at excessive and inappropriate speeds.
He also admitted driving while disqualified and without insurance, when he appeared at the High Court in Edinburgh.
‘You have wasted your life in criminality’
A judge told Rimmer that his victim was “a much-loved father, husband and son” who was the main earner not only for his family in this country but helped his extended family in Zimbabwe.
Lord Boyd of Duncansby said: “It is hard to overstate the devastating impact his death has had on his family.”
The judge told Rimmer: “The harm could not be more serious. You left a man horribly injured, injuries from which he later succumbed. It is clear had you been driving within the speed limit Simon Musabayana would not be dead.”
Lord Boyd told the offender: “You have wasted your life in criminality.”
He said he would have jailed him for 12 years had he been convicted of the dangerous driving offence after trial but that it would be discounted following his guilty plea.
Rimmer was banned from driving for 14 years.
Advocate depute Richard Goddard QC said: “He has a lengthy criminal record. This includes theft of motor vehicles and driving while disqualified.”
The prosecutor said Rimmer was jailed for seven years for aggravated burglary and 57 months for kidnapping at Liverpool Crown Court in April 2015.
He was later jailed for a further 16 months and banned from driving for almost four years at the same court after he was convicted of taking and driving away a vehicle, dangerous driving and going equipped for theft.
Mr Goddard said that Mr Musabayana was residing at a flat at Great Northern Road, in Aberdeen, and working at the city’s Royal Cornhill Hospital at the time of the incident.
The prosecutor said: “He was married for 22 years and resided with his wife and three children aged 19, 17 and 10. His wife has described him as a family man who had also committed himself to academic studies.”
The car Rimmer was driving was fitted with false registration plates and had been taken without the consent of the owner in Warrington, in Cheshire, 12 days before the fatal collision.
Police spotted the vehicle at around 2pm on the day of the crash at Byron Avenue, in Aberdeen, and decided to stop the car. They followed the vehicle until it reached a junction at Cumming Park Circle and activated blue lights in a bid to stop it.
Rimmer carried out an undertaking manoeuvre to get past a taxi and took off at speed and other officers were alerted. Mr Goddard said: “No pursuit was commenced at this point.”
He was seen driving at excessive speed on Clifton Road and another police vehicle followed with its blue lights activated. Rimmer drove through a red light and on to Great Northern Road still travelling at speed and out of view of officers.
Accused drove off with his head stuck out the driver’s door window to see
Mr Musabayana was seen leaving his flat and headed across the road in the direction of his parked car when he was hit by the vehicle driven by Rimmer.
Mr Goddard said: “Great Northern Road has a 30 mile per hour speed limit. Analysis by collision investigators demonstrated that the accused was driving at 50mph at this point.
“At an average speed of 50mph, the accused and the deceased would have less than two seconds to react to each other’s presence prior to the collision and a collision was inevitable.”
“Collision investigators calculated that had the accused been driving within the speed limit, he would have had time to stop prior to impact,” said the prosecutor.
Rimmer drove off with his head stuck out the driver’s door window of the damaged Seat to see the road ahead as he overtook other motorists before abandoning the vehicle at St Machar Place, in Aberdeen.
He made no attempt to contact emergency services following the collision.
Rimmer ‘lacked the moral courage to stop and do the right thing’
Forensic examination of the extensively damaged car linked Rimmer to the vehicle. He was later arrested in Liverpool.
Mr Musabayana suffered serious injuries, including a traumatic brain injury, a fractured skull, fractured pelvis and multiple facial fractures. He underwent operations, including to amputate his right arm and left leg, and remained in critical care.
Mr Goddard said: “In the days and weeks that followed he made no neurological recovery. He suffered worsening infections which led to sepsis and multi-organ failure.”
Defence counsel Neil Shand, for Rimmer, said: “He fully recognises the devastation his actions have caused to Mr Musabayana and his family. He also recognises that his apology is likely to give no comfort to the family.”
He said that after the collision Rimmer had “lacked the moral courage to stop and do the right thing”.
Following the conclusion of the case, Detective Inspector Jamie Sherlock said: “Our thoughts are very much with the family and friends of the man who died.
“They have been left devastated by what has happened and this continues to be a very difficult time for them. I hope that knowing Rimmer has been found guilty of his crimes gives them some sort of solace.”
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