THE family of an Alloa pensioner who was killed while on her mobility scooter at a zebra crossing has hit out after the man responsible was spared a prison sentence.

Greta Lambie's son watched on as James Cook walked away from court – labelled the decision as an "affront to justice".

Her daughter said he had "wiped out two generations" of their family – arguing that Greta's 97-year-old mother died of a broken heart a few weeks later.

Mrs Lambie, 75, suffered fatal head injuries when Cook, allegedly "distracted" after leaving a supermarket, ploughed into her at the crossing near to Kilncraigs.

However, at Falkirk Sheriff Court last Thursday, the 77-year-old was told he would not be jailed for causing death by careless driving.

Instead, he was banned from the road for four years, fined £2000, and ordered to re-sit his test before ever getting back behind the wheel.

Sheriff John Mundy said it would not have been "appropriate" to jail him and remarked that it was "a very sad case".

He told Cook: "You're a man of 77 with no previous convictions.

"This lady, who was on her mobility scooter, is now dead, and the reason for that was careless driving.

"It seems to me that though the court can impose a custodial sentence in these circumstances, it's not appropriate in this case.

"Nothing I can do today will bring this person back, but it has to be recognised the impact that this has had on this lady's family – and of course on she herself.

"I think it is appropriate in this case, because there are no aggravating factors, to impose a non-custodial sentence, and in doing so I am following the guidelines applicable in Scotland in relation to causing death by driving.

"I am going to impose a period of disqualification, which has to be reasonably lengthy because of the gravity of the offence, and fine you a substantial sum."

Mrs Lambie, who worked all her life in the hotel industry, was famed as a piemaker.

A well known character in Alloa, she continued to cook steak pies and potted hock in retirement – donating them to the town's OAPs.

Margaret Duff, 57, the eldest of her six children, said Cook had effectively killed not only her mother but her grandmother, also called Margaret.

Outside court, she said: "There were five generations up until that day, and after that day, when he killed my mother, he also killed my gran.

"My gran, who was 97, died four weeks later because she could not accept what had happened. She was heartbroken.

"There was five generations, and then, whoosh, wiped out, now there's only three.

"The sheriff hasn't considered the effect on the family."

Mrs Lambie's son, Hugh van Lierop, 54, a tanker driver, described the sentence as "an affront to justice".

He added: "The sheriff has just legalised murder by driving.

"My mother was a people's person. She knew every single person in the town.

"She was on a zebra crossing, going four miles an hour on a mobility scooter.

"Terrorists will see cases like this and think they can mow people down and say it was careless driving. It's an absolute disgrace.

"He should have gone to jail."

The court heard Cook, who had just left the Alloa's Tesco store Alloa, had stopped for two pedestrians using the crossing, but set off again as Greta drove onto it on her blue electric scooter.

Prosecutor John Adams said: "She started to cross at 4.1 miles per hour. As the pedestrians touched the pavement on the other side they heard a loud crunch."

They looked round and saw Mrs Lambie lying on ground unconscious with head injuries, with her mobility scooter directly in front of Cook's black Vauxhall Astra.

The incident occurred on Greenside Street, Alloa, on October 27 last year.

Mrs Lambie died in hospital two days later from a bleed on the brain.

Cook, of Sauchie, who'd held a clean licence for 60 years, admitted causing death by careless driving.

Lawyer Robert Smith said Mrs Lambie's diminutive stature may have contributed.

He said: "She was only five foot one, and the scooter was low down. It's surmising, but possibly he didn't see her because she didn't come into his line of vision.

"He may have been distracted by the other pedestrians.

"He simply cannot account for why he didn't see her.

"He thinks about this tragedy every day."