Man jailed for killing pensioner with off-road motorbike

A man who killed a pensioner with his off-road motorbike while driving at more than double the speed limit has been jailed for four years.

Joshua Findlay, 25, struck David Gow with the bike as the 79-year-old crossed Balmore Road in the Lambhill area of Glasgow on February 12, 2023.

Findlay, formerly of Bishopbriggs, East Dunbartonshire, earlier pleaded guilty to causing the death of Mr Gow by driving dangerously.

Sentencing him at the High Court in Edinburgh, Judge Lady Drummond said only a custodial sentence was appropriate, and also banned him from driving for eight years.

"Mr Gow was a vulnerable road user as a 79-year-old pedestrian with no opportunity to protect himself from your dangerous driving," she said.

She added that the pensioner was a loving father and husband who was "deeply missed".

Findlay and an acquaintance, 26-year-old Regan Shearer, had been out riding their off-road bikes before the fatal collision.

Advocate depute Imran Bashir said: "Both travelled at high speed going through a red light and overtaking a car."

Mr Gow had been at a pub and was crossing the road after getting off a bus.

The prosecutor said: "Findlay struck David Gow causing fatal injuries."

Findlay fell off his bike, a KTM 300-XC, and suffered fractures and a punctured lung.

Witnesses went to the aid of the victim, calling 999 and giving CPR. Paramedics and police arrived on the scene but Mr Gow died after suffering chest and abdominal injuries.

Officers spoke to Findlay and he confirmed that he was on the motorbike which struck the pensioner.

Mr Bashir said: "The motorcycle had no turning lights nor any rear view mirrors. It had been registered for road use, but was not carrying its number plate at the rear."

Collision investigators who viewed CCTV footage said Findlay was travelling at 69mph in a 30mph zone prior to the fatal collision.

The prosecutor said: "They concluded that the incident had been caused by excessive speed and poor observation by Findlay."

He said Mr Gow would have been visible for "several seconds" but Findlay did not brake sufficiently. He added that no blame could be attributed to the victim.

Shearer, from Bearsden, East Dunbartonshire, was captured on CCTV riding his bike while lifting his front wheel off the road. The advocate depute said he appeared to be travelling at a similar excessive speed.

The court was told that Findlay held a full driving licence, but only had a provisional licence for riding a motorbike and neither he nor Shearer had passed compulsory basic training for motorcycles.

Shearer admitted dangerous driving. He was given a community payback order, with supervision for 12 months and a requirement to carry out 225 hours unpaid work. He was banned from driving for 12 months.

Defence counsel Paul Nelson KC, for Shearer, submitted that a non custodial sentence would be an "appropriate disposal" in his case.

Tony Lenehan KC, for Findlay, said he was placed in the lowest risk category and added: "The coming sentence will weigh more heavily on his shoulders than the usual inhabitants of this dock."

Mr Gow's son, Craig, described his father as a "great family man, friend and colleague" who was extremely intelligent and fiercely independent.