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Wednesday, 9 January, 2002, 14:56 GMT
Diabetic attack 'caused death crash'
Blood sugar monitor
Halliwell left his blood sugar monitor at home
A diabetic who argued that his condition had led to a fatal road accident has been ordered to carry out 180 hours community service.

Mark Halliwell was also banned from driving for six years when he appeared at Edinburgh Sheriff Court for sentence.

The case was described as one of the most unusual to be heard by the court in recent years.

Halliwell, of Howieson Place, West Linton, was found guilty last month of causing the death of a 51-year old woman by dangerous driving.


I remember getting into the car and driving along Dundas Street to Princes Street. That's all I can remember

Mark Halliwell
However, the jury also said that the 43-year-old - who denied the charge - had been in a hypoglaecemic state at the time.

The condition occurs when a diabetic's blood glucose level falls to a dangerously low level.

Isabel Brydie, of the Scottish Campaign Against Irresponsible Driving, said the law must now be changed.

She called for GPs to be required to inform the Driver and Vehicle Licensing Authority about diabetic patients and for people with the condition to be monitored.

But the support organisation Diabetes UK rejected the call, pointing out that people with the condition already have to fill out a medical questionnaire which is then vetted by the agency.

Special defence

Halliwell had lodged a special defence of automatism - that he was not consciously in control of his actions at the time of the crash.

He told the court that he had no recollection of the accident in December 2000, which left another four people injured.

The trial had heard how Halliwell drove along the A702 Edinburgh to Biggar road in a dangerous manner before hitting two vehicles travelling in the opposite direction.

Mark Halliwell
Halliwell was banned from driving
Margaret Kent, a passenger in one of the cars, died as a result of the crash.

Halliwell told his trial that he had been diagnosed as being a Type 1 diabetic in 1995.

The engineer said he had been on call for emergency work on the weekend of the accident.

He travelled to Edinburgh for a job on the Sunday, then set off for the journey back to West Linton.

He told the jury: "I remember getting into the car and driving along Dundas Street to Princes Street. That's all I can remember."

'Drastically low'

His next recollection was being in the accident and emergency department at Edinburgh Royal Infirmary, where he was told his blood glucose level was "drastically low".

Asked if he knew what had caused the crash, he replied: "I believe it was because I had a severe diabetic attack".

Halliwell denied that a doctor had told him on numerous occasions that he had to check his blood glucose level every time before he drove.


The consequences and circumstances of this tragic case serve as a salutary reminder to fellow sufferers

Sheriff Douglas Allan
He said he had left his small portable monitor at home that day because he did not think it was necessary.

Advocate Peter Gray, defending, said the jury had added a very significant rider to the verdict.

He said the evidence had shown that Halliwell's control of his diabetes had been excellent and that there had been nothing on the day of the accident to cause him concern about his condition.

"He has shown genuine remorse for the family of the deceased," he said, arguing that it would not be in the public interest to jail his client.

Sheriff Douglas Allan said: "The consequences and circumstances of this tragic case serve as a salutary reminder to fellow sufferers from diabetes of the need to consider carefully the advice that blood glucose should be tested before driving."

He also said Halliwell's monitoring had been shown to be "casual".

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 ON THIS STORY
News image BBC Scotland's Isabel Fraser reports
"Diabetes advisory groups have been following the case closely"
See also:

09 Jan 02 | Scotland
Diabetic 'would have had warning'
14 Nov 01 | Scotland
New approach to diabetes care
23 Nov 01 | Health
Drug 'halts diabetes progress'
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