A drunk driver who killed an island vet has been given thousands of pounds in legal aid to launch a bid to serve his prison sentence in France. Thomas Wainwright, 32, was jailed for 12 years after Theresa Wade, 29, died when the Maserati he was driving ploughed into her van on Mull in October 2015.
He has been granted £5,131 in legal aid as he seeks permission to serve his sentence in his home country and has made a second appeal to be moved. Theresa’s partner Charles Pease, 66, said Wainwright should not have been allowed to claim legal aid to get the transfer.
He said: “I was very disappointed to learn that Wainwright has undertaken an appeal to be moved to France when he has already been turned down before. I don’t agree with public money being spent this way. It’s a waste of time and money.
“He was convicted of a crime in Scotland, so Scotland is where he should serve that time. He probably wants to go back to be nearer his family but the loss of family for him isn’t a permanent one.
“He will one day be able to see his family again. Theresa’s family are not afforded the same luxury. We have to live with the loss of her every day. Why can’t he just serve his time, then go home? He has to pay that price, no matter how uncomfortable it is for him.
“He has taken a woman’s life and his incarceration in Scotland is the very least of his obligations to Theresa’s memory. It won’t bring her back but I want him to stay in Scotland. It’s the very least he can do.”
Wainwright, whose family are of Scottish origin, was driving on the wrong side of the road when he crashed into Theresa’s vehicle on the A849 near Craignure. At the point of impact, he was travelling at 69mph.
During his trial, the court heard he had been drinking cider and whisky for eight-and-a-half hours before the crash.
Witnesses from Mull told how Wainwright had been drinking at a hotel, a pub and a distillery in Tobermory as well as the Craignure Inn. Wainwright claimed Theresa had been on the wrong side of the road and caused the accident. But traffic experts disproved his claim.
In 2020, the Scottish Government refused a request from Wainwright under the Repatriation of Prisoners Act 1984 to transfer him to the custody of the French authorities.
He launched a petition against that decision at the Court of Session in Edinburgh. It passed preliminary permission stage but was dismissed by the court in March last year.
His new bid is due to be heard later this month. He has been granted legal aid and has already racked up £5131 in costs for his two judicial reviews.
Following the trial, prosecutor Tim Niven-Smith revealed that Wainwright, who worked as a first officer on £6.26million yacht MY Mahogany, based in the south of France, had a previous conviction for driving while unfit through drink or drugs.
The Scottish Legal Aid Board said: “Civil legal aid is available for judicial reviews if applications meet strict eligibility tests set by the Scottish Parliament.”
Scottish Conservative MSP Donald Cameron said: “The public will be deeply concerned to see their money funding Wainwright’s efforts to escape the country where he committed his appalling crime.
"Theresa’s family are right to be outraged and I’d urge Wainwright to withdraw his judicial review.”
The Scottish Government said: “It would be inappropriate to comment on an ongoing judicial review process.”
Wainwright’s legal team were unable to comment.
