A jury's decision to clear a lawyer of causing a horror smash on the A9 that claimed three lives was last night condemned as a denial of justice.
Andrew Houston, 48, had been accused of causing the death of his wife and daughter as well as a German tourist by careless driving.
But he was cleared of that charge after a harrowing four-day trial and found guilty of the lesser charge of careless driving. Houston was fined £1,000 and banned from driving for a year.
His wife Abigail, 42, daughter Mia, seven, and German doctor Mohammad Hayajneh, 62, died in the crash.
Speaking outside Inverness Sheriff Court after the verdict yesterday, Dr Hayajneh’s grieving wife Ursula, 59, and son Jonas, 22, condemned the decision.
The family, from Duisburg, Germany, read from a statement on the steps of Inverness Sheriff Court after the jury of eight women and six men returned their verdict following two hours and 20 minutes of deliberation.
Jonas Hayajneh said: ‘We are shocked at this verdict and believe justice has not been done. We don’t feel hatred
towards Mr Houston and at no point did we want him to go to prison.
‘But we wanted him to be found guilty since all the evidence suggested he was and we are convinced this tragedy could have been avoided.
‘We now face the prospect of never gaining proper closure. The jury concluded that Mr Houston was on the wrong side of the road due to careless driving but that he didn’t cause the accident because of careless driving since he unsuccessfully tried to get back on the proper of the road at the last moment.’
He added: ‘This verdict is irrational and illogical.’
Now the family will pursue a civil action against Houston, of Edinburgh. The solicitor advocate, who is the sole partner of McSporrans solicitors in the capital, made no comment as he left the court.
He was accompanied by the mother and sister of his late wife.
Defence counsel Frances McMenamin said after the verdict: ‘His mother and sister-in-law have been fully supportive of my client since the tragedy and it hardly needs saying that Mr Houston will always carry the burden of the loss of all those lives and knows the grief and loss to others.
His wife Abigail, 42, (left) daughter Mia, seven, (right) and doctor Mohammad Hayajneh, 62, died in the crash
Doctor Mohammad Hayajneh, 62, pictured here with his wife Ursula, died in the crash. His wife condemned the jury's decision to clear Andrew Houston
Mr Houston’s daughter Lily, 12, (pictured), who was badly hurt in the crash, has recovered from her injuries
‘It has taken its toll on him both emotionally and physically and he has found it psychologically difficult to cope with. He expresses his inevitable sadness for what this loss has meant to others.’
Miss McMenamin said Houston’s 12-year-old daughter Lily, who was badly hurt in the crash, had recovered from her injuries.
The four-day trial heard that Houston crossed into the opposite carriageway on the A9, near Newtonmore, Inverness-shire, on July 9, 2013. His Audi A4 collided head-on with a silver Jeep Cherokee being driven by Mrs Hayajneh.
Mr Houston's wife Abigail was killed in the accident
There were daily emotional scenes in the courtroom, as Houston and the German doctor’s widow frequently broke down while the evidence was outlined.
Mrs Hayajneh could not control her anger on Wednesday afternoon and leapt to her feet after Miss McMenamin had asked the jury to solely find her client guilty of careless driving.
She shouted: ‘He has killed three people,’ before being calmed down by her son.
Miss McMenamin also suggested that Mrs Hayajneh was driving too close to a Peugeot in front of her before it suddenly swerved to the left, off the road, to avoid hitting the Audi.
A video of Houston reliving the horrific moments after the crash was also played to the court during the trial.
He told officers he had tried to free himself from the wreckage to help his dying wife and daughter.
He wept as he told police officers: ‘I have no idea what caused the collision. I wish I knew.’
He told police he held his wife’s hand, watching as two men gave Mia CPR as her then ten-year-old sister Lily comforted her.
Seconds earlier, the children had been watching a DVD in the back of the car.
Houston spent two weeks in hospital with cracked ribs and a broken foot.
Because of his fragile mental state it was five months before police interviewed him.
But yesterday the jury agreed with Miss McMenamin’s submission that Houston’s careless driving by crossing into the opposite carriageway ended when he tried to return to the correct lane before
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