Man who admitted causing Scarlett Rossborough death by dangerous driving handed suspended sentence

A 92-year-old Co Antrim man who knocked down and killed schoolgirl Scarlett Rossborough has been sentenced for a charge of causing her death by dangerous driving.

John Noble Lindsay was handed a sentence of ten months, which was suspended for 12 months, at Belfast Crown Court on Friday.

Due to his ailing health Lindsay, from Prince Andrew Way in Carrickfergus, was excused from appeared in person and he attended his sentence hearing via a videolink.

As Scarlett's family sat in the public gallery, Judge Patricia Smyth paid tribute to the eight-year old who was struck and killed as she walked along High Street in Carrick on the morning of August 9, 2023.

Judge Smyth also endorsed calls by the child's family regarding the proposed 'Scarlett's Law' which seeks a change in legislation regarding very elderly drivers in the interests of public safety.

Scarlett - who attended Linn Primary School in Larne - was amongst a group of children and adult leaders from a local community centre summer scheme enjoying a day out to Carrick Castle.

In the moments before the fatal collision, Lindsay had parked his car in a disabled parking space.

After initially parking his car, Lindsay was captured on CCTV exiting the vehicle then getting back into the car. He then attempted to re-park the car and began moving the vehicle backwards and forwards several times.

As the group was walking along the footpath on High Street, Lindsay's car mounted the pavement and struck three children.

At the point of impact, Lindsay's car was travelling between 11 and 13 mph and the court heard 'pedal misapplication' could have been a possible cause of the collision, as could confusion on Lindsay's part.

Whilst two of the youngsters were thrown into the doorway of a shop and didn't suffer any serious injury, Scarlett was trapped between the rear of Lindsay's car and the wall of an adjacent building.

In the direct aftermath, members of the public rushed to help and signalled for Lindsay to move his car forward and both the PSNI and Ambulance Service attended the scene.

Due to the catastrophic injuries that she sustained, Scarlett could not be saved.

During today's sentencing, Judge Smyth said: "The enormity of that tragedy cannot be put into words.

"Scarlett was described as the princess of the family. She was the kindest, most sensitive, empathetic little person.

"She was determined and she was passionate. She was such a talented little girl.

"Scarlett was a little girl who had a business head on her shoulders. She had plans for her future. She saw herself owning an apartment in New York."

Judge Smyth spoke of Scarlett's love of sports, music and art and how much she adored spending time with her family.

She continued: "Scarlett's home was a very happy place. There were pizza nights and movie nights, they spent time together as an ordinary family ... and how precious that time is now.

"Now there's just an empty chair when the family sits down."

Saying all Scarlett's family "has suffered and continues to suffer", Judge Smyth spoke of how her mother "has counted the days she had with her little daughter - 3,243 days" and how she has been left "haunted by the details of this tragedy, as any mother would be."

She added Scarlett's father's life has been "ripped apart" and he has struggled to comprehend how he lost his daughter.

Saying Scarlett "left her mark on all who met her", the Judge also spoke of a tree which stands as a permanent memory to the "beautiful child that she was."

Addressing Scarlett's loved ones, the Belfast Recorder told them that no sentence she passed could bring them any comfort or make any difference to the grief they felt.

She said: "I accept that you are devastated by what happened. The shocking circumstances of her death affected so many people and there is nothing that can turn back the clock and restore the precious young life that has been lost."

Judge Smyth then spoke to Lindsay - a former RUC officer - via the videolink and told him "I recognise that you have been devastated by causing Scarlett's death but that you also recognise that how you feel counts for nothing in comparison to what her parents and her family are suffering."

Acknowledging that prior to the fatal collision Lindsay had been driving for 72 years and had a completely clear driving record, the Judge revealed that he surrendered his licence the day after he killed Scarlett.

She also accepted Lindsay was a "frail" and "very sick man" with a range of health issues and who has a life expectancy of between nine months and a year.

Branding the case as "exceptional", Judge Smyth said she had taken into account Lindsay's ill health, his "extreme" age, his "previous unblemished character" and his plea to the charge.

Imposed the sentence which she suspended "as an act of mercy", Judge Smyth also disqualified Lindsay from driving for 12 months.

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