A jury has been shown a video which allegedly shows the speedometer of a car hitting 100mph just moments before it crashed into another vehicle on the A90.
The Snapchat clip was played during the trial of Gavin Coull, who is accused of driving at dangerously high speeds and while under the influence of drink or drugs.
Coull is alleged to have driven his black BMW 3 series into the back of a red Fiesta, causing life-changing injuries to that car’s passenger, care home worker Ellen Stickle.
Miss Stickle, 27, previously told the jury at Peterhead Sheriff Court how she has been left paralysed from the shoulders down since the crash near the southbound Newburgh slip road of the A90 on March 11 2021.
Coull, 32, of Alva Crescent, Fraserburgh, denies the charges and has lodged a special defence of incrimination, claiming another man – Jamie Dingwall – was driving the BMW.
Snapchat footage shown
On day two of the trial, fiscal depute Ruairidh McAllister played the jury footage from a Snapchat video.
The footage has a caption ‘burning the midnight oil’ and noises of a car engine revving can be heard.
A close-up of a back-lit car dashboard can be seen before the camera zooms in on the speedometer.
As the needle moves past 90, nearing 100mph, a male voice can be heard to say, ‘that’s a hundred’, ‘are you topping that?’ and ‘show me the moves bruv’.
Police constable David Robb gave evidence to say he had received a copy of a video from a concerned member of Coull’s family.
The court was told the footage had been uploaded by Gavin Coull’s account on March 11 – the day of the crash – and Mr McAllister asked the officer if he thought it had been filmed inside the BMW.
Pc Robb replied that he did, adding: “The mileage on the odometer has the first three numbers as the vehicle involved in the crash – and the dashboard matches as well.”
Mr McAllister also asked the officer if he recognised the voice of the man heard on the video and he replied: “Yes, I believe it is Jamie Dingwall speaking.”
Man incriminated by accused gives evidence
Pc Robb explained that he had interviewed Coull for three hours and added: “His voice did not sound anything like that.”
The court was also shown footage recorded by Pc Robb in the ambulance of Coull lying on a stretcher, with his right arm in a sling.
Slurring his words, Coull answers questions giving his postcode and mobile phone number and tells the constable that he works as a field service technician.
The man Coull claims was behind the wheel of the BMW when it crashed – Jamie Dingwall – also gave evidence.
Appearing from custody with two security officers, Mr Dingwall was asked by the depute fiscal what he had been doing earlier on March 11 2021.
Mr Dingwall told the court he and Coull had been at Coull’s property in Inverallochy “just chilling” and had been on their way to Aberdeen to “pick up something”.
“What was that?” Mr McAllister asked.
“Valium,” replied Mr Dingwall.
Mr Dingwall went on to tell the court he could not remember much about the crash, apart from “standing on the dualler by myself” when the car came to a standstill.
Mr McAllister said: “It will be suggested to you, that after the collision, moved to the driver’s seat.”
“No,” answered Mr Dingwall.
“It will be suggested that you were asked to swap seats by Gavin?”
“No,” answered Mr Dingwall.
“Before the police arrived, did that happen?”
“No,” replied Mr Dingwall.
‘I was wasted’
Under cross-examination from Coull’s defence solicitor Sam Milligan, Mr Dingwall was referred to a statement he gave police a few hours after the crash, on March 12 at 1am.
In it, Dingwall described Coull’s driving as being “leisurely” and said “we weren’t in a rush”.
Mr Milligan questioned this and suggested Mr Dingwall had not been truthful in his statement – to which the witness replied: “I was wasted.”
Mr Milligan put it to him that he had been driving and had persuaded Coull to swap seats with him by saying “I’m going to get the jail for this”.
Dingwall replied: “No.”
Mr Milligan then spoke to Dingwall’s many previous convictions, including one for dangerous driving that saw him jailed just weeks after the incident, as well as several for assault.
“You have a history of violence,” Mr Milligan said. “You got Gavin Coull to swap seats – and afterwards you got a message to Gavin’s mum telling him to keep his mouth shut and that she was to watch her back.”
“Wow,” exclaimed Dingwall.
Police officer’s evidence
The court also heard from Pc Aaron Young, who had been driving to Aberdeen and happened upon the crash moments after it happened.
He said he saw a passenger standing outside the BMW and, after speaking to the driver, thought he “appeared under the influence”.
Pc Young then told the court that he had spoken to the bus driver who had also stopped and then discovered a second vehicle had been involved.
“I had assumed the BMW had hit the back of the recovery truck, which had stopped near the slip road,” he explained.
“The red Ford Fiesta was in between the crash barriers and the slip road.
Casualty check
“I checked on the occupants – I took my torch out – it was that dark.
“The (Fiesta) driver had what looked like a bad head injury, there was blood on his face.
“I could only see the top of the head of the female, a tarp or something had covered her from the back of the car – her leg was sticking out the windshield of the car.
“She was unconscious, but her head was making sharp movements. I didn’t think there was anything we could do, I thought she was potentially dead.
“The male driver was talking, I kept talking to him and was reassuring him. I made sure no one else had been in the car that might have been ejected.”
Fiscal depute McAllister asked if he thought the men in the BMW could have swapped seats in the moments after the collision.
He replied: “No, no way at all given the amount of pain the driver was in.”
Mr McAllister asked him if he saw the driver of the BMW sitting in the court, he pointed to the dock and said: “Yes.”
The trial being heard by Sheriff Philip Mann continues.
