Jail for drunk driver who almost paralysed his friend and then kicked him as he lay in agony on the ground

A drunk driver who caused his friend lifechanging injuries and then kicked him as he lay paralysed on the ground has been jailed for more than two years.

James Leaper had already admitted driving while unfit through drink or drugs, culpable and reckless conduct and attempting to defeat the ends of justice.

He was back before Lerwick Sheriff Court for sentencing today (Wednesday).

The 29-year-old, from Haroldswick in Unst, was handed a 67 month driving ban – and jailed for 26 months.

Sheriff Ian Cruickshank said it was “difficult to fully comprehend” the seriousness of the offences, which took place in Unst during the early hours of 12th February, 2023.

The sheriff said Leaper’s actions amounted to culpable and reckless conduct “of some enormity” and triggered a “full scale emergency response”.

The court heard how Leaper crashed his car while intoxicated, causing his friend to suffer serious injuries including a broken vertebrae.

But rather than seek help, Leaper made it worse for his friend by dragging him back into the car, lying to medics and emergency service workers to say no one had been injured and then fleeing the scene in someone else’s car.

Procurator fiscal Duncan MacKenzie said Leaper’s victim had been told he would be paralysed for life.

However, he said the man made a “remarkable” and “wholly unexpected” recovery after almost three months in hospital.

The complainer wrote a letter to the court in support of Leaper, thanking him for the help he provided once he was out of hospital.

The court heard the two men remain friends to this day.

Mr MacKenzie prepared a lengthy written narrative for the court, which attempted to describe the events that took place after the Uyeasound Up-Helly-A’.

He said the accused and complainer had been drinking together in the Balta Light bar from around, 8pm, leaving for the hop night in Uyeasound Hall at around 10pm.

Leaper drove the five-and-a-half miles in his car, with the complainer in the passenger seat.

Both men spent the rest of the evening at the hop, leaving at around 2.30am.

During this time, Mr MacKenzie said the accused was heard “boasting” about the amount of drink and drugs he had taken.

After leaving the hop, the accused again drove with his friend as a passneger.

Approaching the Shirva junction, the court heard how the accused exclaimed: “Oh shit, where’s my fag”.

That was followed by a “massive jolt”, the fiscal said, as the accused failed to slow for the junction and drove straight across the A968 before coming to a rest in moorland beside the road.

At the same time the complainer “felt a flash through his whole body”.

Mr MacKenzie said the accused decided he had to get the car back on the road and left the vehicle to phone a friend, whom he asked to come and help in another vehicle.

His friend reported Leaper sounded intoxicated, the court heard, as he was speaking loudly and “slurring his words.”

When the complainer tried to get out, Mr MacKenzie said he “screamed in pain”  and realised his legs were not working.

He managed to get back in the passenger seat.

A witness arrived and checked on the injured man who was by complaining about the pain in his legs.

He attempted to help the complainer out of the car to take him for help.

But as soon as he was out of the car, he “immediately collapsed on to the round and began complaining about pain in his lower back.

At this point, Mr MacKenzie sad Leaper wanted to get the complainer back in his car, despite the pain he was clearly suffering.

Leaper then lost his temper, the court heard, and began kicking his friend “quite hard” on both legs, before pulling him by the shoulders to get him back in the car.

He was grabbing him with such force it ripped his shirt from his body, the court heard.

Mr MacKenzie said this was likely what caused the complainer’s most serious injuries.

While the accused and the other man left to get a blanket for the complainer, another witness who lived nearby saw the commotion and decided to investigate.

She approached the crash site where she found the complainer in the passenger seat shouting for help.

The witness, who is a retained firefighter, returned to her home where she called for an ambulance.

When it arrived, the accused had also returned and was standing by the roadside, behaving “erratically” the court heard.

Mr MacKenzie said Leaper told the ambulance staff there was no one else in the car and this was not the crash they had been called about.

The ambulance staff confirmed with the caller they were in the right place, before returning to the crash site where they found the complainer “obviously in a lot of pain”.

He was still topless, after having his shirt ripped off, and was at risk of going into hypothermic shock, the court heard.

A local GP and nurse arrived around the same time.

The doctor assessed the complainer, who was unable to move and could not feel his legs.

The Sumburgh coastguard helicopter was tasked to carry out a medical evacuation of the casualty.

Firefighters also arrived to cut the patient free from the wreckage.

By now his injuries had been assessed as lifechanging though not life-threatening.

Meanwhile, Leaper fled the scene by taking his other friend’s car, without permission, in order to avoid the police, Mr MacKenzie said.

Shortly after, the coastguard helicopter arrived and flew the patient to the Gilbert Bain Hospital.

Police were also called, with officers from Lerwick summoning the crew of two inter-island ferries to enable them to make the journey north.

During this time, the court heard the accused made two calls to the friend whose car he had taken, the first of which said he would not be answering his door to police and the second asking if the complainer was okay.

When officers arrived in Unst they went to Leaper’s address, primarily to carry out a welfare check.

Getting no response they forced entry and found the accused “fit and well”, the fiscal said.

Leaper was arrested, admitted he had been driving and then failed a roadside screening test before officers began the journey back to Lerwick.

It was noon by the time he was back at the police station, by which time Leaper gave an alcohol reading, which was below the legal limit, and he was released without charge, the court heard.

Officers began their investigations on Leaper’s car.

They found all four brake pads and one brake disk were excessively worn, while both rear tyres were severely under inflated.

Leaper was arrested again on 10th April.

When he was asked about the complainer, Mr MacKenzie said the accused told officers his friend was “being a drama queen”.

The complainer has suffered multiple injuries, the most serious of which was a fractured vertebrae.

It led to a bone fragment entering his spinal canal.

He had no movement or feeling in either leg.

The complainer was flown to Aberdeen Royal Infirmary for emergency spinal surgery and had two titanium rods fitted to his spine.

He spent almost three months at the Queen Elizabeth National Spinal Injuries Unit in Glasgow.

Mr MacKenzie said the complainer was paralysed from the waist down with no feeling or control of his bladder or bowels.

He was told he would be paralysed for the rest of his life, the fiscal said.

But during his time in the hospital, the court heard how the complainer made a “remarkable” recovery.

While he is now able to walk, he still suffers from his injury and will never be able to resume his old job as a grounds worker.

Defence agent Tommy Allan said the two men were lifelong friends who had grown up together.

When the complainer was discharged from hospital, Mr Allan said he stayed with Leaper who provided a “great deal of assistance”.

Mr Allan said Leaper had shown much remorse about what happened and accepted his actions on the night by moving his friend made the situation “a whole lot worse”.

“He feels ashamed by his reckless, dangerous and selfish behaviour,” he said.

Mr Allan said his client accepted full responsibility for what happened and was “devastated” by the impact on his lfriend.

He acknowledged Leaper was in a serious situation but urged Sheriff Cruickshank to consider other options other than jail.;

Sheriff Cruikshank accepted Leaper had shown a “degree of remorse” and said he had also given “careful consideration” to the letter, which the complainer sent to the court, indicating his gratitude for the support the accused had provided.

“There’s no doubt that the offences taken as a whole have crossed the custody threshold,” he said.

“Looking at all the circumstances here there is, in my view, no alternative but to deal with the matter by imposing a custodial sentence and a period of disqualification.”

Leaper was led out of the court in handcuffs followed by a number of friends who had attended in his support.