George Robertson – who known to his loved ones as Mojo – died in the Royal Infirmary of Edinburgh after being hit by a vehicle while walking between Bathgate and Torphichen on the B792 on Sunday, September 20, 2020. The vehicle, a Nissan Qashqai, did not stop at the scene but was captured on CCTV shortly later with a man and woman in it.
Now the family have been dealt a fresh blow after prosecutors at the Crown Office and Procurator Fiscal Service(COPFS) informed them that there will be no further proceedings against both suspects.
Exhaustive investigations by Police Scotland and Nissan eventually identified the vehicle and the couple – who were having an affair behind their partners’ backs – in it at the time.
Despite the breakthrough, prosecutors have ruled that there is not enough hard evidence to bring the cheating pair, both aged 36, to justice. Both are understood to have given ‘no comment’ interviews to investigating officers.
In an earlier appeal before the suspects were traced, Mr Robertson’s brother, David, said: "George had everything to live for but never got a chance to fulfil his plans he was so excited about. George was robbed of his life and has left a massive black hole in ours.”
"Hate is a strong word, but a word that now seems to sum up my feelings for taking George from me, my family and his own loving family’s lives.
“I hate the thought that this individual can live a life without responsibility for their actions, or lack of actions, that cold Sunday night.
Mr Robertson’s his wife, Tracey, from Torphichen, spoke of the impact on their children - a 15-year-old son and 10-year-old girl - who lost their “hero” dad.
She added: “Having no answers or justice for their dad just makes this even harder. "
COPFS ruled out a prosecution in November but Mr Robertson’s relatives appealed the decision.
However, they have now been told that the case has been dropped despite damage to the Nissan matching the circumstances of George’s death, the couple in the motor’s mobile phones indicating that they were at the scene at the time and CCTV of it speeding through Torphichen shortly after the accident.
Revealing the family’s anguish, David Robertson praised the work of Police Scotland and Nissan, but said they had been ‘let down; by the justice system.
Mr Robertson said: “As the Crown has flung out all the charges my family and most importantly my wee brother George cannot have the answers or closure on this horrible time in our lifes.
"I would like to personally thank Police Scotland and Nissan in Sunderland for all their efforts and fantastic work in finding these individuals, unfortunately the justice system has not only let my family down but also those who did a fantastic job."
He continued: “These charges would have resulted in the driver and passenger going to court and my family at least getting answers to why these two cretins did not remain at the accident scene and call for the police and an ambulance in an attempt to at least help George instead of fleeing to go into hiding.”
The Crown originally kicked the case out last November but the family appealed only to receive the hear breaking news that there will be no trial last week.
"We as a family have been waiting for months for some sort of answers. This decision has brought unbelievable heartache, anger and dismay at how the justice system has treated my family and George.
A COPFS spokesperson said: “Our thoughts are with the family of George Robertson at what must be a difficult time for them.
“The Procurator Fiscal received a report relating to a man and woman in connection with an incident said to have taken place on 20 September 2020.
“After careful consideration of the facts and circumstances of the case, including the available admissible evidence, Crown Counsel decided there should be no proceedings taken at this time.
“Crown Office officials have met with the family to discuss the case with them.
“The Crown reserves the right to proceed in the future should further evidence become available.”