Judge rules police statement can be used in fatal crash trial

A judge has ruled that a police statement given by a man accused of causing the deaths of three people in a motorbike crash can be used in evidence.

Nathon Gibbon, 33, is due to stand trial next year accused of causing the deaths of Jason Gibbon, Andrew Larty and Georgia Tate by driving a motorcycle dangerously in the Scottish Borders in July 2024.

It is alleged that he engaged in a "race or trial of speed" with the motorcycle driven by Jason Gibbon, exceeded the speed limit and continued to drive at "excessive speeds" as he approached a bend.

Nathon Gibbon, of Ashington, Northumberland, denies the charge and is due to stand trial in August next year.

Prosecutors allege that Nathon Gibbon applied the brakes while Jason was in "close proximity" behind him, as a result of which Jason negotiated the bend at "excessive speeds" and entered the opposite carriageway where he collided with another motorcycle.

Andrew Larty, who was driving the other motorbike, his pillion passenger, Georgia Tate, both of Newcastle Upon Tyne, and Jason Gibbon, of Northumberland, were so severely injured that they died at the scene of the crash which happened on the A6088 between Bonchester Bridge and Carter Bar on 28 July 2024.

At a hearing at the High Court in Glasgow, Lord Macfadyen issued his decision following a hearing last month where lawyers representing Gibbon had called for his police statement not to be available as evidence.

The court heard that Gibbon, referred to as the "minuter", gave the statement to a police constable at a police station in the aftermath of the crash.

Lord Macfadyen said he was satisfied there was "no unfairness to the accused in the taking of the statement".

He said: "The police were investigating this tragic road traffic accident.

"The statement was made or started at a stage in that investigation before police suspicion had been placed on anybody.

"The minuter was not a suspect, there was no bullying or pressure."

He said it was clear that the police officer was treating Gibbon as a "witness not a suspect".

Lord Macfadyen ruled that the statement could be admissible in evidence.

Lily Prais KC, representing Gibbon, told the court that she would appeal against the judge's decision.

Gibbon was excused from attending the hearing.