Andrew Nicoll walking free from Court (Image: NCJ Media)
A pensioner who killed two people in a head-on horror crash after falling asleep at the wheel following a mountain-side walk, has walked free from court. Andrew Nicoll, 82, dozed off as he drove home in darkness to Tyneside from a trip to the Lake District – sparking a multiple vehicle accident.
His Mazda drifted across into oncoming traffic and collided head on with an oncoming Skoda Fabia, killing the vehicle’s 68-year-old front seat passenger Catherine Elford. Keen photographer and walker Nicoll’s own front seat passenger Keith Aiston was also killed in the high-speed smash. But Nicoll avoided jail after pleading guilty to two counts of causing death by careless driving and one of causing serious injury by careless driving. He was instead sentenced to 12 months suspended for a year with a five-year driving ban and ordered to pay £600 costs.
Catherine Elford, who died in a collision on the A69 NCJ Media (Image: NCJ Media)
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Newcastle Crown Court heard how Nicoll was driving home at around 5.45pm on November 30, 2023, when he fell asleep on an unlit single carriageway section of the A69, between Haydon Bridge and Hexham.
Nicoll was driving a Mazda 3 with his friend, Mr Aiston, in the front passenger seat, as they travelled back from the Lake District.
The court heard the pensioners had been walking that day before setting off from Borrowdale to drive home. He had not stopped as he did not feel the need and said he had no recollection of anything since being in the car park in the Lake District.
As Nicoll travelled east of Haydon Bridge, his car suddenly veered into the west bound lane and smashed head-on with the Skoda, driven by Mr Elford, with his wife in the car, as they travelled home towards Haltwhistle.
Andrew Nicoll, who admitted causing death and serious injury by careless driving (Image: ncjMedia Ltd)
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There was then a further collision as the Skoda rebounded into the path of a Land Rover Discovery.
The driver of the Land Rover, Adam Maquire, who had been travelling in front of Nicoll’s Mazda, said he noticed it momentarily appear alongside his car, on the wrong side of the road, before it struck the Skoda. Mr Maquire escaped with minor injuries as the Skoda smashed into his 4X4 vehicle.
People at the scene desperately attempted to perform CPR on Mrs Elford and tried to help the unresponsive Mr Aiston, but both were declared dead at the scene when the emergency services arrived.
Mr Elford suffered fractures to his ribs, wrist and tibia and also had lacerations to his hand and needed an operation to remove shattered glass the wound.
The court heard Mr Aiston’s wife of 56 years and his three daughters and grandchildren have been left shattered by his death and left feeling “pain and anguish”.
The family of Mrs Elford, a mother-of-three, have also been left devastated by their pain and loss.
Nicoll was also injured and was repeatedly asking about the welfare of his friend, telling people repeatedly at the scene: “I can’t remember what happened”
National Trust of Borrowdale (Image: Paul Harris/National Trust/PA)
A police investigation found he was not under the influence of alcohol or drugs, was not distracted by his phone and was not trying to overtake at the time of the death crash.
A police expert concluded the likely reason for the collision is that he was asleep or having a “micro sleep” which can take effect for a few seconds.
The court heard in around 50 years of driving, he has had no endorsements on his licence and has no previous convictions. The court was told he has not driven since the accident and has no intention to do so and has surrendered his licence.
Sparing him jail Judge Edward Bindloss said: “What happened was, and the evidence is, you must have fallen asleep at the wheel and your car went from the east bound lane to the west bound lane suddenly and relatively quickly. The evidence from the police investigator was your foot must have gently accelerated the car, which is also consistent with you falling asleep.
“I’ve seen footage from the dash cam of the Skoda and it all happened really quickly, suddenly and shockingly.
Borrowdale in Cumbria (Image: PA)
Andrew Nicoll (Image: NCJ Media)
“You had been walking in the Lake District that day and, having set off at four, this drive would have been just short of two hours. You had not stopped on the way and that may provide an explanation for you falling asleep.”
The judge said Nicoll has a high level of remorse and said references describe him as a “kind, considerate, caring man, a man of integrity, honesty and respect”.
Mark Harrison, defending, said Nicoll was accustomed to driving relatively long distances and would have stopped to rest if he had felt the need. He added that despite his age the keen walker had not been on an arduous walk that day.
He added: “He is a retired man with a successful career behind him and an extremely supportive family. His family, like the defendant, have had, at the forefront of their thoughts, the impact on others.”
Nicoll wrote a letter in which he said he was “deeply sorry for the terrible hurt caused to the bereaved families”.
Mr Harrison said Nicoll, who suffered serious injuries himself, including six broken ribs, has been deeply affected by what happened and his health has deteriorated. He added: “He has expressed genuine remorse and empathy.”