Man jailed for murdering pedestrian in hit and run attack
At the High Court in Edinburgh the judge said he was conscious no sentence the court imposed could alleviate the suffering of the deceased's family.He described the crime as a "deliberate, sustained attack".Day drove onto a pavement at Petershill Road before knocking down the men and then driving again at his victims.Mr Bowers, 33, later died of injuries sustained in the attack and Mr Byrne,53, was left seriously injured and permanently disfigured.Day rammed them with a Vauxhall Astra minutes after a confrontation at a nearby flat which he had been using for drug trafficking.The attack survivor told a court that before he was hit by the car he heard an engine revving and remembered trying to jump out of the way.He said he was drifting in and out of consciousness as he lay on the ground after he was struck. He asked people in the street to call an ambulance to come to their aid.Day had denied committing the murder during the attack at Petershill Road at its junction with Auchinloch Street but was found guilty of the crime. The court heard he continues to maintain his innocence.Prosecutors alleged that after the attack Day removed a sim card from a mobile phone and fled to a caravan park in Ayr.
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He said there had been 'a failure to comply with the duty to make proper disclosure' when Mr Al-Azzawi's lawyers sought permission to serve the UK case papers on Mr Moustafa in Egypt and that the orders extending time and allowing service outside of the UK would be set aside. He said: 'While it is argued by the claimant that this gives rise to a windfall to the defendant, who is not required to answer for the claimant's claim, founded as it is on a truly appalling incident, this is something which is common in applications of this sort. 'If the claimant cannot now pursue his claims because they are time-barred, the responsibility for that does not rest with the defendant.' He added that, even if the service orders had not been set aside, he would have halted the UK action on the basis that the Dubai courts were 'clearly and distinctly more appropriate' for deciding the claim. The kickboxer can continue his bid to sue in the UAE if the courts there find he is not outside the time limit to do so.
