Jordan McDowall, 21 was acquitted of charges which involved causing death by dangerous driving of cyclist Kevin Gilchrist. The collision took place in 2018 on Greenock Road, Inchinnan, Renfrewshire. 
Jordan McDowall’s position was that she had no recollection of the incident. It was argued that she was simply unable to recollect the event and that there was a ‘gap’ in her memory. The rule of criminal law for most crimes is that you must have criminal intent, either through wickedness or recklessness. A defence of automatism may be open to an accused person if it can be proved that the accused did not have control of their actions through no fault of their own. 
Prosecutor Paul Kearney QC put to McDowall: “Is it not the case you were fully conscious but for whatever reason not paying attention to the road ahead?”
McDowall denies this and added that the last memory she had was turning at a roundabout. 
She denied a suggestion she was seen on her phone after getting out of her car following the collision.
Mr Kearney said: “If the witness is right, it means you were conscious enough and alert enough to be using your phone straight after an episode of loss of consciousness and memory.”
Ms McDowall responded: “I don’t know what happened.”
Jurors returned a not proven verdict against Jordan McDowall following the trial at the High Court in Glasgow. The verdict has resulted in controversy as to whether you can get off with anything by simply claiming that you cannot remember the incident.