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Ban and unpaid work for student teacher who caused Balmedie pensioner’s death in rural crash

Bethany Fraser - whose victim's family pleaded for mercy to be shown to her - was sentenced to unpaid work and was banned from driving.

Jo Clark/ Bethany Fraser
Jo Clark, left, died in the crash caused by Bethany Fraser, right.

A north-east student teacher was told not to let a fatal car crash she caused ruin her life when she has “paid her debt to society”.

Bethany Fraser previously admitted failing to give way and crashing at a rural junction while driving home from a hen party in Kirriemuir.

As she passed Baldoukie Motors near Tannadice, she crossed the junction at around 40mph and collided with an oncoming Land Rover.

Four passengers, including her former partner’s grandmother Agnes “Jo” Clark, in the Vauxhall Corsa were hurt, as were the three people – a couple and their daughter – in the Land Rover.

Mrs Clark, 71, from Balmedie, was in the back seat and sustained injuries from which she died at Ninewells five days later, on August 25 2023.

The family of 19-year-old Fraser’s victim previously asked the sheriff at Forfar for an alternative to imprisonment.

Jo Clark
Jo Clark, 71, died in the tragedy. Image: Supplied

A statement released last month read: “Wanting justice is not the same as demanding punishment – the latter helps no one.

“Bethany is not a bad person. We know she did not set out to cause a tragedy that day.”

Fraser returned on Wednesday and was sentenced to unpaid work and supervision.

Crash tragedy

Fraser, of Whitehills Drive in Ellon, pled guilty to causing death by driving without due care or attention on August 20 last year.

The Crown accepted her failure on the road was “momentary”.

Fraser’s solicitor Lynne Freeland previously described Ms Clark as “a wonderful lady” and said Fraser was “incredibly fond of her.”

She said: “Once again she wished me to apologise to the court.

“It’s been hugely regretful. The passing has had a huge impact.

“Miss Fraser is hugely – enormously – remorseful about this incident, particularly the pain and suffering she’s caused.

“She doesn’t just think about herself – for somebody of her young age, she has insight far greater than that.

“She’s a full-time student at Aberdeen University studying primary teaching. She starts second year tomorrow.”

Ms Freeland said Fraser has two part-time jobs and volunteers coaching netball at a local primary school.

Road improvements

Fraser had passed her driving test nine months before the collision.

The lawyer added: “She was unfamiliar with the area in question  – she’d previously never driven south of Portlethen.

“She was, at that time, concentrating on her satnav and she missed the sign.

“This was a momentary inattention to detail.”

Ms Freeland described the junction as appearing “very problematic” and said she had been told by staff at nearby Baldoukie Motors they have seen similar collisions before.

Fatal car crash junction
More safety measures have been implemented at the crash site. Image: DC Thomson

Since the collision, Angus Council and police have made safety improvements at the crossroads, including painting a “SLOW” sign on the road and putting up a “more conspicuous” Give Way sign.

Ms Freeland said more have been made nearby following another “very serious” subsequent accident involving traffic coming in the opposite direction.

Underlying condition

Ms Freeland said it later emerged that Ms Clark had an underlying chronic disease.

“Her injuries proved fatal due to that underlying condition,” she added.

Ms Freeland said Fraser has attended counselling and asked her mother to pass on condolences on the recent anniversary of the crash.

She added her client took driving lessons with an instructor but was quickly told it was needless as she was a competent driver.

“She’s not the person she was before the accident – she continues to work on herself.

“The guilt is something she’s continually living with.

“She is a low risk of reoffending.”

Sentencing

Sheriff Garry Sutherland addressed Fraser and a busy public gallery before sentencing the teenager.

He said the carelessness was momentary inattention and considered it falls into Category C.

He said: “In all respects, this is a tragic, tragic incident.

“There were also many other factors in play that day.”

He added: “Matters such as these are always incredibly difficult for sheriffs.”

Forfar Sheriff Court
Forfar Sheriff Court.

Fraser was sentenced to 140 hours of unpaid work, to be completed in a year, and placed under supervision for three months.

She was also banned from driving for 16 months, backdated to when she pled guilty.

Sheriff Sutherland added: “The community payback order is not an easier option.

“Once you have completed the order and served your disqualification, you will be punished adequately.

“There isn’t anything you can do to bring back Ms Clark. You will have paid your debt to society.”

The sheriff said that when the sentence was complete, “raise your head and get on with your life.

“Do not let this tragic incident ruin your life.”