SENTENCING STATEMENTS

Upon sentencing, Judge Bain made the following remarks:

"Matthias Hunecke. On 5 May at Inverness High Court, you were found guilty of causing the death of Michael Gall by dangerous driving contrary to section 1 of the Road Traffic Act 1988.

"On the morning of 19 July 2022, you exited the Invermoriston Falls carpark onto the wrong side of the A82. Despite road markings and signs which should have indicated to you that you had done so, the CCTV shows that you continued on the wrong side of the road for a distance of 160 metres before moving out of camera view. 250m further on, you collided with Mr Gall who had been travelling on his motorcycle in the opposite direction. He was travelling on the correct side of the road, you were not.

"Mr Gall was described, by those who saw him prior to the collision or who viewed the dash cam footage, as riding in a safe and considerate manner, not taking risks and only overtaking when the road was clear. It was said that he did not appear to be in any hurry and was not speeding. Nevertheless, when he came upon you driving on the wrong side of the road, there was nothing he could do. The resulting collision caused him such catastrophic injuries that he died.

"Michael Gall was a beloved husband and father. I have read the heartrending letter thoughtfully penned by his widow. It conveys the many qualities of the man she loved, her best friend and soul mate.

"Michael Gall was a man of character and strength, a loving father and husband. A man who so clearly brought joy every day to the lives of others, particularly his wife and children. He was a man who had made plans to embark upon new adventures with his wife. A man with much of his life yet to live. He is deeply missed.

"Michael Gall’s family and in particular his widow have suffered enormously since his death. His death has had a profound psychological impact and that emotional toll, coupled with the financial hardship the family now face in his absence, is hard for them to bear.

"There is nothing that I can do or say today that will alleviate the dreadful consequences of your actions upon Michael Gall’s family and I fully understand that no sentence which this court could ever impose will be anywhere near adequate in their eyes.

"I have had regard to everything said very eloquently and fairly on your behalf by Mr Moggach this morning. I have also considered what is said in the Justice Social Work Report and the many letters of reference about your background, family circumstances and your work ethic in your own business and in your charitable associations. It is however concerning that despite the CCTV footage showing you to be on the wrong side of the road and the report from the Crown Road Traffic expert, you gave evidence in this court that you were on the correct side of the road and that Michael Gall was the one who was at fault. Your wife also gave evidence to support that.

"In finding you guilty, it is plain that the jury rejected that evidence. They were right to do so given that you now appear to accept that Mr Gall was by no way at fault. Yet you blamed the man whose death is on your hands and you put his family through the pain of listening to you levelling that blame at the man they loved, the man who was so tragically taken from them. This could all have been avoided had you accepted your responsibility sooner. That you do so now means much less than it would had you accepted responsibility from the time of the collision, or even from before this matter proceeded to trial. The remorse you have expressed may well be genuine, but it comes late and at the point of sentencing when it could be viewed as self-serving.

"I also note that your late acceptance of responsibility is caveated by your stated view that the absence of road markings contributed to the collision.

"In relation to the offence of causing death by dangerous driving, there is a sentencing guideline published by the Scottish Sentencing Council to which I must have regard when deciding what sentence to impose in this case. In doing so, I require to consider the seriousness of the offence and take into account any aggravating or mitigating factors.

"I have concluded that by driving on the wrong side of the road for a total distance of 410 metres and in failing to notice the initial road markings, shown on the CCTV and dash cam footage, and the numerous signs which should have indicated your error, your driving created a significant risk of danger to others. I do however accept that your status as a foreign national who ordinarily drives on the right side of the road reduces your level of culpability. I am therefore satisfied that your driving is most appropriately assessed as falling within but at the upper range of level C of that guideline.

"The appropriate sentencing range identified in the guideline for level C is 2 to 5 years imprisonment, before taking into account any aggravating or mitigating factors. In this case the offence is aggravated by the fact that Michael Gall was a vulnerable road user in that he was a motorcyclist, but it is mitigated by your previous good driving record and the fact that you immediately provided assistance at the scene and continued to do so until the emergency services arrived.

"You are a man with no previous convictions. You have been assessed as presenting a minimum level of risk. You have lived a thoroughly pro social life, as is testified in the extensive character reference material lodged on your behalf. You have worked hard for the whole of your working life and have also applied your skills towards helping others. You are said to be a good employer, a good son and a loving husband who has taken on the role of carer for your sick wife. I also recognise a measure of remorse, albeit coming at this late stage and I take into account that a prison sentence in this country which is foreign to you and where English is not your first language will be more onerous and isolating than for someone from this country who would benefit from regular family contact and visits.

"Having regard to all of the circumstances and applying the sentencing guideline, I am satisfied that a sentence of imprisonment is unavoidable. That sentence will be one of 45 months imprisonment backdated to 5 May 2026 when you were remanded in custody.

"You will be disqualified from driving for a period of 5 years, which period requires to be extended by 22 months, being half of the period of imprisonment. You will therefore be disqualified from driving for a total period of 6 years 10 months and until you have passed the extended driving test.

"That is all."

19 July 2026