A teenager who killed Elgin bus driver Keith Rollinson has lost an appeal against his sentence, despite claiming he suffered a miscarriage of justice.
The youth was sentenced to four years and four months detention for the culpable homicide of Mr Rollinson, who lost his life after the attack on him at the bus station in Elgin, in February last year.
The 15-year-old was out drinking with friends in the town’s centre before deciding to catch a bus home, but Mr Rollinson refused to let him on the bus because of his state of intoxication.
The teenager, who cannot be identified because of his age, then headbutted former RAF man Mr Rollinson before repeatedly punching him on the head and body.
The youth pointed his mobile phone in the driver’s face, apparently filming him.
Father-of-two Mr Rollinson grabbed the phone and they began struggling.
Killer argued four-year sentence was excessive
Mr Rollinson, who had been butted, threw the phone to the ground and stamped on it before his attacker completely lost control during the violent episode.
The High Court in Edinburgh heard that the victim did not retaliate but tried to get away. His attacker was pulled away by another youth.
Stagecoach driver Mr Rollinson, 58, bent over to pick up his cap and collapsed to the ground unconscious. He was taken to hospital but never regained consciousness and died in the early hours of February 3 last year.
It was found that because of his medical condition the bus driver was at risk of a fatal cardiac event at any time.
The judge, Lady Hood, said she would have imposed a six-and-a-half-year sentence on the teenager, but reduced that to four years and four months following his guilty plea.
The youth, now 16, who previously assaulted another bus driver, was granted leave to appeal against the sentence imposed on him.
Judges reject appeal
At a hearing in the Criminal Appeal Court in Edinburgh last week the killer’s lawyers argued the sentence imposed was excessive and the boy should be given more credit for his early guilty plea.
The lawyers also claimed the boy’s young age – and sentences from similar cases – should be considered again.
But Lord Matthews, who heard the appeal with Lord Beckett, rejected their submissions.
Lord Matthews said in a judgement: “There has been no miscarriage of justice and the appeal is refused.”
He said they had viewed CCTV footage and added: “It is plain that the appellant, who was by all accounts intoxicated, would not take no for an answer.
“While the deceased Mr Rollinson grabbed his mobile phone and stamped on it, that provides no excuse or justification for the gross overreaction on the part of the appellant.”
Lord Matthews said: “The court must endeavour to protect people who provide a service to the public and can be in a vulnerable position.
“It is of significance that this is not the first time the appellant had assaulted a bus driver. Such conduct must be deterred.”
Bus driver’s family hits out at sentence
Last week, Mr Rollinson’s widow Susan hit out at sentencing guidelines that mean her husband’s killer may never see the inside of a prison.
She told The Press and Journal: “From day one, we – Keith’s family – have been treated like the criminals, not the victims.
“This boy had attacked another bus driver in the past.
“He had only just finished serving his sentence in relation to that two weeks before he killed Keith.
“The sentence, in my view, was too short. The boy should have got 10 years.”