A driver killed two people in a head-on collision after “racing” his car and overtaking on a curve

A driver whose cat-and-mouse race on a Scottish road ended in the death of two people has been sentenced to a community penalty.

Daniel Kelly, 43, was involved in “performance driving” with Adam Smith before the head-on collision on the A713 near Patna, Ayrshire, in July 2021.

Earlier this year, Kelly, from Irvine, Ayrshire, appeared at the High Court in Kilmarnock accused of causing the deaths of Smith, 35, and Gary Patterson, 65, by dangerous driving.

A jury cleared him of causing the deaths of two men, but convicted him of dangerous driving moments before the collision that killed the two men.

On Wednesday, Kelly appeared before the High Court in Edinburgh for sentencing.

Defense barrister Iain McSporran KC told Judge Welsh how his client remained at the scene after the fatal collision.

McSporran said Kelly was traumatized by what he saw.

He also said that the evidence and circumstances of the case mean that his client may receive a sentence other than imprisonment.

Judge Welsh agreed and imposed a community restitution order as a “direct alternative” to custody.

He ordered Kelly to complete 250 hours of community service, to be completed within 12 months.

Kelly was also told he would be supervised by authorities for 15 months. Judge Welsh told Kelly: “Your driving was dangerous. There were races. There was competition in riding.

“Whatever the circumstances, I was persuaded to make a community repayment order. You will perform 250 hours of unpaid work.”

During proceedings earlier this year, Kelly, of Irvine, Ayrshire, denied causing the deaths of Smith and Gary by dangerous driving.

Both men later died as a result of the collision.

One driver told prosecutor David Dickson how a black VW Sirocco overtook him on a blind bend in the road. He said a silver VW Passat was driving behind the vehicle. He testified that he saw the Passat overtake a black vehicle on a speed bump in front.

The 77-year-old told the High Court in Kilmarnock that he believed the drivers were racing.

Catherine Patterson said she saw a black car head-on and a silver car in her own lane before she was hit by the former.

She was injured and her father died. Her mother, Miriam (65), was seriously injured.

Another witness, Robson Stirling, who was traveling in Kelly’s Passat, was asked why his police statement stated that “…by then it had been a game of cat and mouse…”.

The 25-year-old claimed that it was written by a policeman.

He added: “Daniel was racing a Scirocco and as the Scirocco passed him he waved to the driver.”

The jury convicted Kelly of dangerous driving. The charge for which he was convicted states that Kelly took part in a race in a car driven by Mr Smtih at “excessive speed for the prevailing conditions”, overtook when it was unsafe to do so, and drove “in close proximity… at speed”.

On Wednesday, McSporran told the court his client’s driving was “selfish” and “stupid.” He also said Kelly helped at the scene, which took a toll on his mental health.

He added: “What he saw that day when he approached the car door will remain in his memory for a long time.”

Judge Welsh also told Kelly he would have to stay at home from 7pm to 6am for a period of nine months.