Suicidal driver admits 75mph fatal smash
A suicidal driver sped down the Kingsway in Dundee and smashed into a taxi at a speed of almost 75mph, the High Court in Edinburgh was told today.
The 41-year-old taxi driver, Gavin McCabe was so seriously injured he died in intensive care at Ninewells Hospital a week later.
Halim Cholmeley (36) admitted killing Mr McCabe by driving dangerously on March 15 last year.
He admitted taking his ex-partner’s car without her consent and driving while disqualified and without insurance.
Cholmeley drove from Lochee along Lochee Road and Tullideph Road before joining the Kingsway where the fatal accident occurred.
He admitted that on March 15 on Kingsway West, at its junction with Myrekirk Road, he caused the death of Mr McCabe, from Perth, by driving a car dangerously, and while under the influence of alcohol, drove at excessive speed as he approached the roundabout and failed to give way causing the vehicles to collide.
The charge continues that both vehicles were damaged and a passenger in the taxi, Azeez Butali was injured and Mr McCabe suffered such severe brain injuries that he died on March 21 in Ninewells.
Cholmeley, whose address was given in court as Easter Lednathie Cottage, Glen Prosen, Kirriemuir, sustained relatively minor injuries.
Advocate Depute Michael Stuart told the court that over the afternoon and evening of March 14 last year Cholmeley had been consuming alcohol in the company of his now ex-partner and friends.
Around midnight he returned by taxi to his partner’s flat after being at the Queen Anne pub.
He told his partner he was going out again with the taxi waiting outside and he then went to the Liquid nightclub.
Some time before 2.30am he returned to the flat and removed the keys to his partner’s BMW without her permission or knowledge and drove off.
Mr Stuart said, “He then appears to have driven the car across the centre of Dundee at speeds estimated by various witnesses to be between 60 and 70mph before joining Kingsway West.
“He drove along Kingsway West towards the roundabout at Myrekirk Road.”
Mr Stuart said visibility was good, the weather was fair and dry and there was an unobstructed view at 750 metres to the roundabout.
Mr McCabe was turning right across the westbound carriageway of Kingsway West at the roundabout when Cholmeley failed to give way, drove onto the roundabout and, “collided broadside” with Mr McCabe’s taxi.
“Tayside Police crash investigation officers recorded that tyre marks left at the scene by the BMW were apparent for 11.64 metres prior to the Give Way lines at the entry to the roundabout.
“Investigating officers calculated Cholmeley was travelling at a minimum speed of 77mph immediately prior to the tyre marks left on the road surface and at around 67mph at the point of impact with the Skoda taxi.
“They calculated the Skoda was travelling at around 25 mph.”
Mr Stuart said Cholmeley’s alcohol level after the collision was 106 mgs against a legal limit of 80 mgs.
The advocate depute continued, “Several witnesses — civilian, emergency services and medical staff — stated Cholmeley said it had been his intention to commit suicide.
“At around 9am on the same day, he told a police officer that he regretted his actions as he realised he had been foolish.”
The court was told Cholmeley was single and stayed with his mother although at the time of the incident he would stay with his then partner at weekends.
He was unemployed but was previously employed in Manchester as a recruitment consultant.
“He had been absent from work suffering from depression until his employment was terminated around November 2008 when he returned to live with his mother in Kirriemuir.”
Lord Kinclaven said he would require social inquiry reports and adjourned sentencing to March 24 at the High Court in Edinburgh.
He told Cholmeley his status had changed because of his guilty plea and he would be remanded in custody until March 24.
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