A man whose brother died after being run over by a bus claimed he would not have been contemplating suicide.
John McFadden, 61, said Kevin McFadden, 39, was in “good spirits” the night before his death near Glasgow’s Langside on February 12 2020.
John told jurors that Kevin, of the city’s Mount Florida, suffered from Asperger’s and used alcohol as a coping mechanism.
John stated he made a routine visit to Kevin’s flat the previous night which he claimed was tidy and he had not taken alcohol.
Christopher Irwin, 46, is on trial at Glasgow Sheriff Court accused of causing the death of Kevin McFadden.
Court papers state Irwin, of Paisley, Renfrewshire, was driving without due care and attention on a double decker bus.
It is claimed that he failed to make proper observations of the road including pedestrians such as Kevin.
The charge says Kevin approached and crossed at the junction of Battlefield Road and Brisbane Street.
Irwin is stated to have executed a right turning manoeuvre from Battlefield Road into Brisbane Street when it was unsafe to do so.
The allegations say Irwin continued to fail to make proper observations of the road users and entered Brisbane Street when it was unsafe to do so.
Iwrin allegedly did not give priority to pedestrians including Kevin who was crossing and caused the bus to collide with him whereby he was so severely injured that he died.
John told the court in evidence that Kevin was the youngest of eight siblings.
The witness stated that Kevin had “personal issues” which included Asperger’s syndrome.
He said: “Kevin was more intelligent than me – he found it difficult to function in society with societal cues that you would take for granted he couldn’t grip.
“He was awkward in company and he was quite isolated because of that.”
The witness added that Kevin used alcohol as a “coping mechanism.”
Prosecutor Harry Findlay asked about Kevin’s consumption in February 2020.
He replied: “I was with him the night before and he wasn’t drinking.
“He was in a good place I thought…he was drinking and eating well and was quite convivial.”
The witness later stated that Kevin was “in good spirits” and his flat was tidy.
Mr Findlay asked John if he had any knowledge that Kevin might be suicidal.
John replied: “Kevin had a difficult life but he also had a strong supportive family and was responsible while cared for.
“From when he was a wee boy he was deeply religious and used to badger me about not being religious enough – he took church teachings seriously.
“He never discussed suicide with me.
“When I consider his his state of mind the previous night I can’t imagine it would have been in his head.”
Euan Dow, defending, asked John if Kevin would conceal his issues such as alcohol.
He replied: “No.”
PC Scott Reilly told the court in his evidence that he spoke to Irwin following the collision.
The witness said: “He seemed shaken up putting his hand towards his chest as if he was breathless.”
PC James Cousin claimed Irwin told him that Kevin “came out of nowhere, I didn’t see him.”
Constable Ashley McLachlan, 27, told the court that she did a police interview with Irwin in October 2020.
The interview was read out to the court in the form of a transcript.
Irwin said: “The first I saw the pedestrian was the impact.
“There was no way I couldn’t have seen him before, he just wasn’t there.
“The first time I saw him was the impact on the side of the bus.
“At that moment, I was in shock.
“I didn’t really know what I was doing to be honest, my heart was pounding, I was a bag of nerves but he just appeared.
“I went to the work to do my work, I didn’t go to work to intentionally knock someone down.”
The trial continues before Sheriff Brian Cameron.