Road ban for convicted killer after drink-drive incident
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Convicted killer Nigel Whitham, of Phimister Crescent, Embo, who is out of jail on licence, has been banned from the road for two years for drink-driving.
Whitham, who drove while more than five times over the legal limit, has also been placed under social work supervision for two years and ordered to undertake 200 hours unpaid work. The 55-year-old appeared for sentencing at Tain Sheriff Court on Monday, having previously admitted committing the offence on September 7 at Dornoch High Street and elsewhere.
Procurator fiscal Roderick Urquhart said: “The accused was reported after being seen driving in the wrong lane, swerving about the road and striking the kerb with his off-side tyres The tyres became deflated and he ended up driving on their metal rims.”
A breath test revealed Whitham to have 121mcg of alcohol in 100ml of breath – the legal limit is 22 in 100.
Defence agent Patrick O’Dea said: “My client wishes to sincerely apologise to everyone concerned.”
The lawyer alluded to an incident in his client’s past involving his family that “would be with him forever” and had been the catalyst for him suffering significant anxiety and depression.
Mr Whitham was convicted at the High Court in Glasgow in 2006 of murdering his brother at their home in Embo, Sutherland, on 23 February of that year. Whitham was jailed for life and told he would have to serve at least nine years before applying for release.
At Monday’s court, his defence agent said Whitham could be called before the Parole Board for the drink-drive offence. “He is most fortunate that that has not happened,” said Mr O’Dea. “But there are no further chances for him to take and if he does not adhere to the terms of his licence or offends further, it is almost certain he will be recalled.”
Sheriff Robert Fraser told Whitham: “I am well aware of what is contained in your report and the background.”
But the sheriff said he would leave it to the relevant authority as to whether Whitham should be recalled and rejected a request from the Crown that his vehicle, bought on hire purchase, should be forfeited because only a year's payments of a five-year term had been paid.
