A driver whose trailer struck and killed an Aberdeenshire mum-of-two has denied taking a “real, material, significant risk” when he set off that day.
Plumber Raymond Lamb told the High Court in Aberdeen that he carried out a visual check and assessed all brakes to be working before he hitched the trailer to the Mitsubishi L200 truck and got behind the wheel.
He also told the court that he “definitely attached” the breakaway cable – a cable designed as the failsafe to apply the trailer’s brakes – prior to his journey to Ellon.
Primary school teacher Yvonne Lumsden was driving her husband and two daughters, aged four and six, home from a holiday in London when their car was struck by the trailer that had come loose from Lamb’s vehicle.
Lamb, 31, is accused of driving the vehicle dangerously and with a trailer that had a defective braking system.
He is also accused of driving without insurance.
Lamb, of Barryfarm, Maud, denies all the charges against him.
Mrs Lumsden, 35, taught at Stuartfield School, near Old Deer, and was described at the time of her death as a “dedicated” and “cherished” teacher who was “loved by pupils”.
The court was told Lamb’s truck was travelling in the opposite direction to the family when the trailer swung out into their path as they approached.
Mrs Lumsden died of her injuries in hospital.
Her husband Stuart Lumsden and one of their two daughters also sustained injuries.
Giving evidence on the fourth day of the trial, Lamb told defence advocate David Moggach that he had carried out visual checks, was driving under the 50mph speed limit and was “100%” certain he had attached the breakaway cable.
During cross-examination by advocate depute Michelle Brannagan, Lamb was accused of setting off that morning despite knowing the brakes were “utterly inoperable”.
She said: “You knew that the handbrake didn’t apply the brakes, so you knew that the breakaway cable didn’t apply the brakes on July 12 2019.
“You knew the breakaway cable would have no effect on the brakes and would have made no difference – that’s why you just didn’t bother attaching it?”
Lamb replied: “I definitely attached the breakaway cable.”
‘I didn’t know it was in that condition’
Ms Brannagan later added: “You didn’t set off that day with any intention of hurting anyone.
“But you took a real, material, significant risk in taking that trailer out in the condition it was that day, do you accept that?”
He replied: “At the time I didn’t know it was in that condition.”
The advocate depute put it to Lamb that a “single glance” would have told him that the trailer wasn’t secured to the vehicle when he set off that day.
Lamb replied that the handle of the trailer was “definitely locked” and that he “double-checked” that the safety catch had been applied and the trailer hitched correctly.
Ms Brannagan asked Lamb if the trailer had “mysteriously just come off?”
He replied: “I don’t know what happened.”
Both the Crown and Lamb’s defence team closed their respective cases and will make closing speeches to the jury tomorrow.
The trial, before Judge Alistair Watson, continues.
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