UK NEWS

'DON'T JAIL MAN WHO ALMOST KILLED ME'

One of Edinburgh's many bridges

Wednesday July 4,2007

By Tom Fullerton

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A STUDENT who suffered horrific injuries when she was hit by a traffic cone thrown 40ft from a bridge, yesterday begged a judge not to jail the man responsible.

Andrew Smith, 30, who was drunk when he left a nightclub in Edinburgh city centre at 3am last November 19, threw the cone over the George IV Bridge, striking Kate Flannery, 24, who was chatting to friends on the street below.
It fractured her skull and three vertebrae in her spine, paralysing her arms and legs. She also had a broken right ankle.

At the High Court in Edinburgh yesterday, Smith, an Australian living in the city, pleaded guilty to culpable and reckless conduct. Advocate depute Alex Prentice, prosecuting, told judge Lady Dorrian:

"Ms Flannery and her family have indicated that they bear no ill-will against the accused and that they do not wish to see him receive a custodial sentence."

Lady Dorrian called for background reports and allowed first offender Smith to remain on bail. He will be sentenced later this month and the judge warned him that a prison sentence has not been ruled out. Yesterday, Kate, who was not in court, said: "What he did was stupid, but I don't think he should go to jail. I've let the court know that and
it is for the court to decide on his punishment.

"I just want to keep getting better and move on with my life.

"What happened was needless, but sending him to jail won't serve any purpose."

The advocate depute said that on Saturday November 18 last year, Kate, from Galway in the Republic of Ireland, ended up in a city centre pub during a night out with friends. Smith and his flatmate, John Conlon, were at a nearby nightclub. Before leaving home, they'd had a couple of beers and shared a half bottle of vodka.

Mr Prentice said Smith did not look over the bridge before throwing the cone and he and Mr Conlon walked home, unaware that Kate had been hit. When Smith read about the student's injuries, he went to police. At first he told them he could not remember what had happened, then admitted throwing the cone.

Kate was studying occupational therapy at Edinburgh's Queen Margaret University College and was due to graduate in August. Last December, bone was grafted from her hip to repair her spine and she left hospital in February. She walks with a stick and has to sit down a great deal.

Mr Prentice added: "It is clear that Ms Flannery is re-building her life well. She swims and sees a chiropractor daily. She is not driving at present but she visits friends and shops. It remains her intention to return to Edinburgh in August to resume her studies."

Nearly two weeks ago, Kate, family and friends, celebrated the Christmas she missed while she was fighting for her life in Edinburgh.

"Every Christmas Eve we would go to a hotel, but that didn't happen last Christmas because I was in hospital in Edinburgh," she said:

"We decided to re-enact Christmas Eve, even though it's summer, and they did up the place with decorations and a tree. It turned into a lovely Christmas party."