Family of Scots grandad killed after driver's 'cat and mouse' race reveal 'immeasurable loss'

-Credit: (Image: Supplied)
-Credit: (Image: Supplied)


The family of a grandad who was killed after a dangerous driver's "cat and mouse" race have told of their "immeasurable loss".

Daniel Kelly, 43, engaged in "competitive driving" on a rural road in Ayrshire alongside another vehicle driven by Adam Smith, 35, in July 2021. Moments later there was a head-on collision with a third vehicle.

Beloved grandad Gary Patterson, 65, who was a passenger in the third vehicle died at the scene, alongside speeding driver Adam Smith.

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Kelly, of Irvine, was sentenced to community service at the High Court in Edinburgh after being convicted of dangerous driving earlier this year.

Gary Patterson and his wife Miriam -Credit:Family handout
Gary Patterson and his wife Miriam -Credit:Family handout

The devastated family of Gary Patterson said they will "attempt to move forward" after Kelly was allowed to walk free.

In a statement released by law firm Digby Brown said: “Gary was a much-loved and devoted husband, dad, and papa, and a wonderful brother, uncle, and friend.

“The loss we have suffered is immeasurable, but the outpouring of love and support from those around us has brought much comfort. We now kindly request our privacy be respected as we attempt to move forward.”

Kelly, of Irvine, Ayrshire, stood trial at the High Court in Kilmarnock earlier this year, accused of causing the deaths of Smith and Gary Patterson on the A713 near Patna, Ayrshire.

Driver Stuart Campbell told prosecutor David Dickson how a black VW Scirocco overtook him on a blind bend. He said this vehicle was followed by a silver VW Passat, being driven by Kelly, which then overtook the black car at a speed bump.

Mr Campbell, 77, testified at the High Court in Kilmarnock that he believed the drivers were racing.

Catherine Patterson, 38, the daughter of victim Gary Patterson, said she saw a black car head-on and a silver car in its own lane before the black car collided with her vehicle. She was injured, her father died, and her mother Miriam, 65, was seriously injured.

Adam Smith was also killed in the crash. -Credit:Ayrshire Post
Adam Smith was also killed in the crash. -Credit:Ayrshire Post

Another witness, Robson Stirling, who was in Kelly's Passat, was asked why his police statement mentioned “...there had been cat and mouse up until that...”.

A jury cleared Kelly of causing the deaths of the two men. However, jurors convicted him of driving dangerously in the moments before the collision that claimed their lives.

He appeared at Edinburgh High Court for sentencing on Wednesday.

Defence solicitor advocate Iain McSporran KC told Judge Welsh that his client’s driving was “selfish” and “stupid, but added that he had stayed at the scene in the aftermath of the fatal collision and was traumatised by what he had witnessed.

He said: “What he saw when he went to the door of the car that day will stay with him for a long time.”

Kelly was sentenced to 250 hours of community service as a "direct alternative" to custody, put on a tag for nine months, and banned from driving for four years at the High Court in Edinburgh this week.

Judge Welsh told Kelly: “Your driving was dangerous. There was racing. There was competitive driving.

“In all the circumstances, I am persuaded to pass a community payback order. You will perform 250 hours of unpaid work.”

Judge Welsh also ordered that he remain at home between 7pm and 6am for a period of nine months.

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