Sheriff hopes for ‘degree of closure’ for family of elderly woman killed in Walls accident

Lerwick Sheriff Court.

A Foula woman who accidentally caused the death of a grandmother at the Walls pier last year has been sentenced.

Justyna Holbourn, 46, reversed in to a car at the pier on 17th March 2023, with 72-year-old Kathleen McLachlan standing at its boot.

Mrs McLachlan was knocked to the ground by the collision, falling and hitting her head – which eventually lead to her death several days later.

Holbourn had previously admitted causing her death by driving without due care or attention.

Lerwick Sheriff Court heard a lengthy narration, and mitigation, of the incident today (Thursday), with members of Mrs McLachlan’s family in the courtroom for the sentencing.

Procurator fiscal Niall Macdonald said Holbourn had immediately assisted the elderly woman after bumping in to her car, and she was quickly transferred to hospital.

Despite there being initially “no major concerns” about Mrs McLachlan’s health, a CT scan showed bleeding on her brain and she was flown to Glasgow.

Days later, she died from her injuries – which were described as being like “severe whiplash”.

Mrs McLachlan was described in court as a “fit and healthy” 72-year-old, who had been helping her daughter deliver kittens to the Foula ferry on the day of the incident.

One of her three children had “expressed regret that she would not get the chance to care for her mam in her old age”, Mr Macdonald said.

Defence agent Christopher Kane called this a “supremely ghastly incident”.

He said Holbourn was an “extremely cautious” and “nervous driver”, who had moved the car closer to the Foula ferry at her husband’s request.

In doing so, she had bumped Mrs McLachlan’s car at a very slow speed.

His client, who was visibly upset in court, was “suffering extremely” since the incident, Mr Kane said.

He said the Holbourn family were “absolutely broken by the sequence of events”.

Mr Kane offered condolences to Mrs McLachlan’s family on Holbourn’s behalf.

Sheriff Ian Cruickshank said there was no doubt that Holbourn was “wracked by guilt”, which he said was evident in court.

“There’s no sentence that would bring back Kathleen McLachlan or in any way console her family,” he said.

And he added there was no sentence that would serve to ease the pain being felt by Holbourn.

But he said he hoped the end of the matter would bring a “degree of closure” for all involved.

He banned Holbourn from driving and placed her under supervision for one year.

She will also have to carry out 100 hours of unpaid work.