Ally McCoist’s wife heard her husband repeatedly tell his son not to drive an Audi car which he later used to strike a pedestrian, a court has heard.
Vivien McCoist, 48, told lawyers she heard Ally on two different occasions in 2016 tell Argyll McCoist he wasn’t legally entitled to get behind the wheel of the vehicle.
The Court of Session heard insurers stopped covering Argyll for the car after learning he had been speeding dangerously in March 2016. He was driving the car in December 2016 when he struck pedestrian Stephan Murdoch in a hit and run collision in Bishopton, Renfrewshire.
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The court previously heard Ally say he took keys for the vehicle from Argyll and told him and his mother - his ex wife Allison - that he wasn’t able to drive. He said Argyll lied to Allison about being insured and this led him to driving the car on the night he stuck Mr Murdoch.
On Wednesday, Mrs McCoist, of Bridge of Weir, Renfrewshire, told the court she witnessed her husband tell Argyll he couldn’t drive without insurance.
When advocate Nick Ellis KC asked her whether the conversations actually took place and whether she was just trying to support her husband, Mrs McCoist replied: “No the conversations 100 per cent took place.”
Mrs McCoist was giving evidence on the second day of proceedings of an action which has been brought by insurance firm Aviva against Ally and Argyll. Aviva have taken Ally,60, and Argyll,24, to court because of what happened following the collision.
Legal papers state Ally had bought the car at the centre of the case and had it insured with Aviva. The legal papers state Ally was the only person covered by the insurance policy.
Argyll was able to drive the car as he obtained a policy with More Than which the firm later cancelled.
Documents tell of how Mr Murdoch raised a legal action against Aviva because they were the insurance company responsible for the Audi which struck him.
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Mr Murdoch obtained a legal order which forced Aviva to pay out £200,000 to Mr Murdoch. The firm was also liable for £44,000 expenses. Aviva are now suing Ally and Argyll for the £244,000 which it paid out as a consequence of the action.
The insurance company believe Ally should be liable for the cost as the policy for the Audi didn’t cover Argyll. Lawyers for the firm also believe Ally didn’t do enough to ensure his son couldn’t take charge of the vehicle.
Ally is contesting the action. He says he took every measure he could to ensure his son couldn’t drive the car.
Argyll is also contesting the claim arguing he shouldn’t be liable for the costs. He pleaded guilty to offences arising from the hit and run at Paisley Sheriff Court in 2018.
Sheriff Colin Pettigrew branded him “reckless” and “immature” for striking Stephan, then driving off in the car.
The sheriff sentenced him to 280 hours unpaid work and he was electronically tagged on a restriction of liberty order for six months. He was banned him from driving for three and a half years.
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On Wednesday, Mrs McCoist told the court the Audi A1 car was bought by Ally and was to be used “principally” by Argyll. She said she had learned in summertime 2016 that Argyll wasn’t able to drive the car anymore.
Mrs McCoist said: “He stopped using the car. I believe his insurance had been cancelled. I do remember Alistair was telling him that he was not to drive the car any longer.”
She said she could remember Ally telling Argyll this during a telephone call and during a night when Argyll came to their home.
She added: “Argyll had come over for dinner or something like that. He was telling him that he couldn’t drive because he didn’t have any insurance.”
She told the court Argyll kept the car at the house in Bishopton where he stayed with his mum Allison.
Mrs McCoist also said Argyll asked Ally if he could get back behind the wheel of the Audi and he had asked Ally to help him secure a new insurance policy.
She added: “He just wanted to use the car as a young person would. I believe he would be asking for insurance for the car or whether there was any possibility that he could get insurance for the car.”
Jeff East, 55, who told the court he was a close friend of Ally’s told the court the football commentator had concerns in 2016 about his son’s driving.
Mr East also said Ally repeatedly told Argyll he couldn’t drive an Audi A1 after his insurers cancelled his policy for the motor. The company director said he witnessed Argyll repeatedly ask Ally if he could get insurance and get back behind the wheel of the Audi.
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Mr East said Ally repeatedly refused the requests. He said the exchanges took place in the months before Argyll struck Mr Murdoch. Mr East told Ally’s advocate Alan Cowan about the ex Rangers ace’s concerns about his son’s ability to drive safely.
He said: “I understood there was an occasion when Argyll said he clipped a roundabout. Ally said said to him ‘look what happened?”
“Argyll said ‘I swerved to avoid a fox'. So he was 18-years-old. He clipped a roundabout, he was also speeding. Ally was a bit worried about it.”
Mr East, of Bridge of Weir, told Mr Cowan he had been friends with Ally for many years. The court heard Ally had bought the Audi for Argyll’s use.
He said Ally closely monitored Argyll after giving him the car.
Mr East added: “He was always keeping a close eye on him as he was a young driver.”
He said he witnessed Argyll ask his dad on more than “half a dozen” occasions in 2016 about whether he could get insurance and get back behind the wheel of the car.
Mr East added: “Ally would say ‘look son, you’ve had your chance’ and tell him he couldn’t drive. Ally was very diplomatic about it. He was more diplomatic about it than I would have been.”
Mr East said it was very difficult for Argyll to find a company who would insure him after losing his original policy. He said this affected Argyll’s mood.
He added: “He was on a downer about it. Where he stays is quite isolated and his pals would be out and about and he’d be stuck there. He’d speak about it often.”
The hearing, before judge Lord Menzies, continues on Thursday.
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