I'm not going down … unlike the sculpture

Published 28 Jul 2011 09:30

THE driver who failed to dodge the Man in Motion statue managed to dodge a jail sentence instead on Thursday.

Alexander Smith crashed into the sculpture after losing control at the Muirside roundabout on the outskirts of Tullibody.

The joyriding 22-year-old overtook several cars and tried to negotiate the roundabout on the wrong side of the road when his luck ran out.

Smith lost control on a tight left-hand bend and ploughed through a road sign before colliding with the statue.

The crash left the four-metre high artwork by renowned sculptor Andy Scott - one of six in the county - crumbled in a heap at around 9pm on 12 February.

The cost of the damage was estimated at £25,000 although Clackmannanshire Council said this would be covered by its insurance.

Mr Scott's manager Caroline Scott said in the weeks following the incident the sculptor received many positive messages from people living in the area disappointed at the temporary loss to the artwork, in place since February 2008.

She added that the lower half of the piece will need to be reshaped from scratch and is expected to be ready for re-installation by the end of the year.

Smith, of The Orchard, Tullibody, appeared at Alloa Sheriff Court for sentence after he previously pled guilty to driving dangerously, without insurance and taking a car without permission.

Not guilty pleas to charges of failing to stop after the incident, failing to report the incident at a police station and driving whilst unfit through drink or drugs were accepted.

Jim Savage, defending, said, "Mr Smith took the vehicle and drove it in the way he did and thereafter collided with the road sign, mounted the roundabout and collided with the statue causing the damage which was sustained."

He added that his client had suffered concussion in the weeks before the incident and he had subsequently been diagnosed with epilepsy.

However Mr Savage said Smith had never attempted to use that as an excuse for the crash.

"The damage which occurred was down to his manner of driving. It is fortunate that the damage was to property rather than an individual albeit the cost of damage is substantial."

Sentencing Smith to a two year community payback order Sheriff David Mackie warned him he could have faced prison.

He said, "You must be in no doubt that this would justify me sending you to prison but I'm not going to do that today.

"A custodial sentence should only be a last resort and any custodial sentence I could give you would be relatively short and the underlying reasons for your offending would not be addressed.

"A more constructive way of approaching this is by way of a community payback order. It addresses the underlying problem of your offending and gives sufficient punishment."

Smith was also placed on a restriction of liberty order for four months, whereby he cannot leave his home between the hours of 8pm and 6am, and he was disqualified from driving for two years.

Mr Scott declined to comment on the sentence.

Speaking to the Advertiser at the time of the crash, he said, "If he had hit it square on he would probably be dead. From what I understand he hit the back leg, and in a sense you could say he is lucky the sculpture gave way and he is still alive.

"We build these things to be as robust as we can to withstand hurricanes and vandalism.

"I have never had a report of my work being vandalised which is proof we build them robustly.

"We are lucky nobody got killed."

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This article appeared in Alloa & Hillfoots Advertiser 27 Jul 11

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