Court / Lengthy prison sentence for driver after crash which caused serious injury
A DRIVER whose friend sustained serious injuries when his car went off the road after a night out in Unst has been handed a 26-month prison sentence.
James Leaper, of Haroldswick, was also banned from driving for around five and a half years when he appeared at Lerwick Sheriff Court on Wednesday for sentencing.
The court heard how Leaper tried to cover things up by telling emergency services there was no-one in the car after it left the road – despite knowing that his close friend was inside – before later leaving the scene in someone else’s vehicle.
The court was also told that the 29-year-old repeatedly kicked and struck his friend after he got out of the crashed car, despite the passenger saying he had suffered paralysis in one of his legs, as he tried to get him back in.
The incident sparked a full emergency response, with the passenger needing to be flown to hospital by the coastguard helicopter.
Leaper previously admitted a number of offences which began with a crash in Unst on 12 February 2023 after he had attended a hop night event on the northerly island with his friend, including driving a car while unfit through drink or drugs.
Leaper also previously pleaded guilty to a charge of culpable and reckless behaviour.
This included driving in such a manner that he failed to slow and give way at a junction, resulting in the the car leaving the road, whilst he was intoxicated with alcohol – and while the vehicle’s brake pads and a brake disc were excessively worn, and rear tyres were severely under-inflated.
The charge also stated that Leaper repeatedly kicked his passenger, who had intimated that he was experiencing paralysis in one of his legs, on the body in an attempt to force him to re-enter the car.
It further started that Leaper physically dragged and manoeuvred his passenger into the front seat of the car, and falsely stated to ambulance personnel and a doctor that there was no-one within the car and that nobody required medical assistance – when he knew his passenger did.
The charge stated that the consequence of this was that the passenger sustained severe injury and permanent impairment.
A final charge stated that Leaper also procured a man to attend the incident in his car for the purpose of transporting him elsewhere.
It added that he gave false statements to medical practitioners and emergency personnel that he had not been the driver of the car, and that he took and drove another car without consent.
The charge continued to state that Leaper failed to respond to police attending his house, with the intent to defeat the ends of justice.
Procurator fiscal Duncan Mackenzie said Leaper and his friend has attended a pub in Baltasound, with both drinking alcohol.
The court heard that despite there being a bus available to take people to the hop night event in Uyeasound, Leaper drove to the local hall with his friend in the passenger seat.
But in the early hours of the morning after the event had finished they were back in the car, with Leaper again driving.
The court heard how the vehicle ended up leaving the road in an accident, with the passenger feeling a “massive jolt” and a “flash” through his body.
Mackenzie said when the passenger tried to get out of the car he “buckled”, with Leaper trying to get him back in the vehicle – at one point which such force that his clothing ripped.
Others arrived on scene but the alarm was raised to the emergency services by someone living nearby who became aware of the incident.
This person called for an ambulance after attending the scene and witnessing the passenger.
The court heard that when an ambulance arrived on scene Leaper claimed there was no-one in the car and that it was not the crash they had been called out to.
Mackenzie said the ambulance then attended the house of the person who called them to clarify, before returning to the crash scene.
A doctor and nurse on the island also attended.
Despite the arrival of medical personnel on scene Leaper continued to deny there was anyone in the vehicle, the court heard.
The doctor ultimately did manage to attend to the passenger, and was concerned he may have had a spinal injury which could be potentially life changing.
The alarm was then raised with the Sumburgh-based coastguard helicopter, as well as the fire service – with firefighters cutting the passenger door.
The court heard that at this point Leaper then entered into another person’s car which was at the scene and drove away without their consent.
The police were also called out, at around 3am, but as they were coming from Lerwick it was not until shortly after 6am they arrived at the scene.
Police officers entered Leaper’s property with the help of fire crew.
He failed a roadside screening test and was taken to Lerwick for assessment – arriving at around 10.30am.
Afterwards Leaper was taken to the police station, with a formal breath test only taking place at about midday. Given the low count he was released without charge.
Police however attended a garage in Lerwick where Leaper’s car was being kept, and that showed that all four brake pads were worn as well as a brake disc – with the tyres under-inflated too.
Leaper was rearrested by police and interviewed.
During interviews Mackenzie said Leaper had been calling his passenger friend “drama queen” for his reaction to the crash.
However, a CT scan showed that his friend had suffered a fractured vertebrae in the crash, including a fragment of bone being displaced.
He had a loss of sensation and mobility in his legs and was taken to Aberdeen for an emergency operation.
Mackenzie added that it was said at that point that the man would be a wheelchair user for the rest of his life having been “effectively paralysed from the waist down”.
But the man has made a “remarkable recovery”, the court heard.
Mackenzie said he is now able to move about with a walking stick, although he is no longer able to keep his employment as a groundworker.
Defence agent Tommy Allan said Leaper was “ashamed” of his “reckless behaviour”, adding that he was “devastated” over what his friend went through.
He also commented on the continued connection between his client and the injured passenger – saying the friend stayed with Leaper after being released from hospital.
A letter from the passenger was also shown to the sheriff which highlighted how he was supportive of Leaper.
However, Allan said it was “incredibly fortunate” the passenger has recovered in the way he has.
He noted how in police interviews Leaper said in hindsight he would have done things differently on the night, including calling an ambulance.
Sheriff Cruickshank said in his view the custody threshold had been crossed and that there was no alternative to prison.
He described the offences as serious which featured culpable and reckless conduct of “some enormity”.
The sheriff accepted that Leaper had shown a reasonable degree of remorse but said there was no other option than to impose a custodial sentence.
The total prison sentence was 26 months, with the driving ban reaching 67 months.
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